Hawthorne, CA Probate Lawyer

If you’re in the midst of mourning the loss of a loved one, we’re here for you. As a firm that’s helped countless grieving loved ones, we know how truly heavy grief can be – almost as if it is a physical weight keeping you from moving forward. Probate (the process of settling your loved one’s affairs), and all the other legal complications that it can bring along, is likely the last thing you want to deal with right now. But delaying the probate process won’t make it any easier; in fact, it can add an additional layer of complexity that adds to your already immense stress. 

We are here to support you as you navigate these somber days. Let us take the burden of probate from your shoulders, so you can focus on finding comfort in your loved ones and healing. Our Hawthorne probate lawyer has over 40 years of experience, so you can rest easy knowing you’re in the best possible hands. Call today to book your free consultation and discover more about your options. 

How Does Probate Happen?

In California, probate occurs in the following phases: 

• File a petition to initiate probate – The request must be filed in the state where the decedent lived. Documents such as the will (if there is one) and the death certificate will also need to be filed. The court will then schedule a hearing.
• Give notice to heirs and creditors – A notice will need to be mailed to all beneficiaries and heirs, as well as creditors, informing them that the estate is in probate.
• Inventory assets – All assets that are subject to probate must be collected, inventoried, and appraised, then reported to the court. These can include assets like bank accounts, retirement accounts, stocks and bonds, real estate, and personal items (for example, precious jewels or valuable artwork).
• Manage bills and debt – Take care of money owed to the estate (such as rent) and pay all applicable taxes, as well as the final estate tax.
• Distribute the remaining assets – The remaining property will go to the proper heirs, whether that be those listed in the will or those determined by intestate succession laws. 
• Close the estate – Once proper receipts and records are submitted to the court, the executor will officially be released from their role. 

Our experienced Hawthorne probate lawyer ensures that each phase of the process progresses smoothly and that all deadlines are met, and helps mitigate any legal complications that arise at any point. 

Why Do I Need A Lawyer To Help With Probate?

There are three main reasons it is in your best interests to have legal guidance throughout the probate process. The first is simply that probate is incredibly complex. There are numerous steps involved, and Hayes Law Firm can help guarantee that everything is done correctly and in compliance with California state law, thus allowing you to avoid potential delays or legal challenges. 

The second reason is that probate can sometimes lead to disputes such as challenges to the will’s validity, conflicts among heirs, and creditor claims against the estate. Our Hawthorne probate lawyer can help effectively resolve these disputes if they arise and protect the estate from unnecessary claims, and once again, allow you to avoid more delays or even costly litigation if the case escalates to court. 

Finally, the probate process can be emotionally overwhelming for someone who is not only grieving the loss of a loved one, but who also has their own family and daily obligations to contend with. With experienced legal aid by your side, you can focus on your own needs and healing rather than complicated legal procedures. 

What Can Our Hawthorne Probate Lawyer Do To Support You?

We’re here for you every step of the way following a devastating loss. As members of the exclusive American Academy of Estate Planning Attorneys (AAEPA), we have a wealth of resources at our disposal to ensure that your relative’s estate is probated efficiently and expediently. We know how to support you professionally and personally. Let us take this burden from your shoulders. Call today to book your free consultation and learn more about what comes next. 

Frequently Asked Questions About Probate In Hawthorne, CA

How do I get a certified copy of the death certificate to initiate probate?

You can get a copy of the death certificate by contacting the County Recorder’s office in the county where the decedent (your loved one) passed away. 

What happens if we cannot find a will?

If a will is lost or cannot be located, the specific facts and circumstances in state law will determine what happens. For example, if the will is missing because the decedent intentionally revoked it, a prior will or the laws on intestate succession would clarify what happens to the decedent’s estate. Or, if a will is missing because it was stored in a safe deposit box or destroyed in a fire, the probate court may accept a photocopy of the will if there is evidence the decedent properly signed the original.

What if my relative has assets or property in another state?

If the decedent owned property or had assets in another state, you may need to go through a process called ancillary probate in addition to the main probate here in California. This adds an additional layer of complexity to your case, so it is very important that you reach out to our Hawthorne probate lawyer to discuss this and learn how we can assist.