East County San Diego Probate Lawyer
Rancho San Diego – El Cajon – La Mesa – Mount Helix – Santee – Lakeside – Alpine – Harbison Canyon
The loss of a loved one can be one of the most difficult situations you’ll ever face. Unfortunately, dealing with the distribution of your loved one’s assets-especially if he or she did not leave behind a will-can add stress to an already emotional time. Probate administration is the legal process by which assets from a deceased individual are distributed among beneficiaries.
Compassionate, Competent Representation
Probate law is a unique and complex field. That’s why it’s important to work with a lawyer who’s ready to handle probate cases. If you need help from a probate lawyer in Lakeside, CA, call California Estate Planning & Probate. With an in-depth understanding of the complexities and requirements involved in probate cases, California Estate Planning & Probate offers the competent legal representation you need while handling your case with the respect and compassion you deserve.
If you’re dealing with the distribution of a deceased loved one’s assets, California Estate Planning & Probate is here to help. Call today to schedule your consultation.
The Four Basic Steps to Probate:
1. File a petition and give notice to heirs and beneficiaries.
As described above, the probate process begins with the filing of the petition with the probate court to either (1) admit the will to probate and appoint the executor or (2) if there is no will, appoint an administrator of the estate. Generally, notice of the court hearing regarding the petition must be provided to all of the decedent’s heirs and beneficiaries. If an heir or beneficiary objects to the petition, they have the opportunity to do so in court. Also, generally, notice of the hearing is published in a local newspaper. This is to attempt to notify others, such as unknown creditors of the decedent, of the beginning of the proceeding.
2. Following appointment by the court, the personal representative must give notice to all known creditors of the estate and take an inventory of the estate property.
The personal representative then gives written notice to all creditors of the estate based upon state law; any creditor who wishes to make a claim on assets of the estate must do so within a limited period of time (which also varies by state).
An inventory of all of decedent’s probate property, including real property, stocks, bonds, business interests, among other assets, is taken. In some states, a court appointed appraiser values the assets. When necessary, an independent appraiser is hired by the estate to appraise non-cash assets.
3. All estate and funeral expenses, debts and taxes must be paid from the estate.
The personal representative must determine which creditor’s claims are legitimate and pay those and other final bills from the estate. In some instances, the personal representative is permitted to sell estate assets to satisfy the decedent’s obligations.
4. Legal title in property is transferred according to the will or under the laws of intestacy (if the decedent did not have a will).
Following the waiting period to allow creditors to file claims against the estate, and all approved claims and bills are paid, generally, the personal representative petitions the court for the authority to transfer the remaining assets to beneficiaries as directed in the decedent’s last will and testament or, if there is no will, according to state intestate succession laws. If the will calls for the creation of a trust for the benefit of a minor, spouse or incapacitated family member, money is then transferred to the trustee. Unless the beneficiaries of the estate waive the requirement as allowed under some state laws, the petition may include an accounting of how the assets were managed during the probate process. Once the petition is granted, the personal representative may draw up new deeds for property, transfer stock, liquidate assets and transfer property to the appropriate recipients.
In short, a properly drafted will, updated regularly to account for life changes, organized records of debts, personal property and other assets simplifies the probate process. The easier it is for your personal representative to trace your steps after you’re gone, the easier the process.