Probate is the court litigation procedure to administer an estate. Probate requires oversight of a judge and a very particular set of steps to ensure that all the assets in someone’s estate are administered within the bounds of the law. Not all estates will have to go through probate. In the absence of a properly funded trust, an estate that has a gross market value of $150,000 or more will need to go through probate. Estates with a gross market value of $150,000 or less can go through the probate small estate affidavit process. If someone has a home in addition to other assets and wants to avoid probate, they should establish a revocable living trust.
How Do You As The Attorney Assist Your Clients In The Probate Process?
The probate process has many steps. I assist my clients through the process of probate by ensuring that they meet all deadlines, file the appropriate forms, get their assets appraised, have the proper motions submitted to the court, adhere to all notifications required by law, and ensure that the personal representative is acting within the bounds of the law and not violating in any way their fiduciary duty to the estate. For most people, the process of probate is overwhelming, especially when dealing with the loss of a loved one. Unfortunately, people often make mistakes when trying to navigate this process without an experienced attorney.
How Does The Probate Process Work In California?
When someone passes away and leaves a will, the person who is appointed as the personal representative should hire an attorney to help them navigate the process of probate. After obtaining the services of an attorney, the first step will be to lodge the will with the court clerk within 30 days of the passing. Next, the personal representative will have to petition the court to open up a probate, which will require filling out and submitting documentation to the court. The personal representative will then have to provide notice to the community and the public at large through publication that they are opening a probate, and anyone will have the chance to object to that person being granted the authority to act as representative of the estate, or to object to any part of the petition. Next, the court will appoint a probate referee. Once the court process has begun, the process of probate will have begun. A person will realize the necessity of probate when they begin to deal with a will and get requests from different companies and organizations for letters testamentary, letters of executorship, or other documents. Unfortunately, attorneys cannot draft letters testamentary or executorship; these letters are official court forms that a judge will have to sign in order to grant that person the authority to administer the estate.
For more information on Probate Process In The State Of California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (619) 550-3080 today.