If you recently lost a loved one in Pomona, California, we would like to extend our sincerest sympathies to you and your family. Everyone deals with death in different ways and heals in their own time. Unfortunately, there are necessary steps that must be taken – sooner than you are likely ready – to settle their estate and distribute their assets in a legally compliant manner. However, you don’t have to attempt to figure out this incredibly complex process alone.
Our skilled Pomona probate lawyer is well equipped to guide you through each step of probate in a timely and cost-effective manner. Whether you are at the beginning stages of probate or farther into it, The Hayes Law Firm is committed to stepping in and delivering swift and efficient service. Call today to schedule your free consultation and learn more about how we can make this difficult time just a little easier for you and your family.
What Is Probate And Why Does It Happen?
The division and distribution of a deceased person’s property and assets following their passing is called probate. Each state has their own probate regulations, so it’s important that you choose professional legal guidance that is seasoned in California probate laws. Our lead Pomona probate lawyer, William Hayes, has over 40 years of experience in helping clients navigate the California probate process successfully, putting you in the best position for an exceptional experience.
As inconvenient as probate can be, it is a necessary process to ensure that a person’s last wishes are honored. Many times, this means that their will must be validated by the court to confirm their true intentions.
In other cases, the decedent may not have had a will or trust, which means their estate is considered “intestate.” Assets are then divided and distributed according to California laws of intestate succession, which codify a predetermined list of heirs who will inherit the estate.
Essentially, probate happens to ensure that everything a deceased person worked hard to earn during their lifetime is passed on to the right people! If probate didn’t happen, a person who had no connection to the decedent might be able to lay claim on their estate, which wouldn’t be right or fair.
Whether your loved one had a will or not, our experienced Pomona probate lawyer can help you reach a prompt resolution.
What Are The Steps In The California Probate Process?
- 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 – A notice will need to be mailed to all beneficiaries and heirs 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, expensive art).
- 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.
Why Choose Our Experienced Pomona Probate Lawyer?
If you are named the executor in your loved one’s will (or appointed representative by the court), the bulk of probate obligations falls on your shoulders. It can be stressful, and even overwhelming, to navigate this process even under the best of conditions – but especially when you are still in mourning. Any mistakes or missteps could result in a serious impact on everyone involved, and even leave you personally liable.
This is why we recommend reaching out to our firm as soon as you are able. Our dedicated Pomona probate lawyer will take the time to answer your questions and address your concerns, so you feel as confident as possible moving forward. Call today to book your free consultation and learn more about your next steps.
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