If you’ve recently lost a loved one, we offer our sincerest condolences. Even though you are likely deep in mourning and spending time with family, someone must attend to your loved one’s estate if they did not have an estate plan in place when they passed.
Probate, the legal process which must happen in order to divide and distribute their assets, is incredibly complex, time-consuming, and costly. When each step isn’t handled correctly or when mistakes are made, probate can get much more complicated, take much longer, and cost much more. It’s in your best interest to work closely with our lead San Marino probate lawyer, William Hayes. He has over 40 years of experience with the California probate process and can help you get the best possible outcome.
If you’re feeling overwhelmed by the responsibilities that have been suddenly dropped onto your shoulders, that’s understandable, but delaying the opening of probate can lead to a variety of consequences for the estate, as well as its heirs. Call today to schedule your free initial consultation, where we can go over your options, answer your questions, and help you get started.
Why Does Probate Happen?
Probate is a court-supervised legal process which happens after a person passes away without an estate plan. Even if they had a will, their assets will have to go through probate. Essentially, probate is necessary in order to have an accurate inventory of everything the decedent owned, what debts they incurred that still need to be settled, and the individuals who are to inherit their assets and in what amount. This ensures that their last wishes are honored according to their will (or that the laws of intestate succession are adhered to, if they did not have a will).
Without probate, anyone could lay claim to a deceased person’s possessions and wealth, which would be chaos! While probate may cause some stress and make an already difficult time harder, it is ultimately necessary to protect your loved ones intentions and make sure their hard-earned wealth remains in the hands of their family. Working with our experienced San Marino probate lawyer, however, can ease the strain of probate while giving you peace of mind that your relatives objectives are accomplished.
What Occurs During The Probate Process?
The first step of probate is the identification of the estate executor named in the will, or the appointment of an administrator if there was no will. These roles carry out the same tasks, and must take over management of the decedent’s assets and property for the duration of the probate process. Next, they must notify banks, employers, and others of the death, ensure that utilities have been turned off, seal the residence, and more. Once the petition for probate is prepared and probate is opened, the executor or administrator is responsible for:
- Giving legal notice to creditors, beneficiaries, and the public
- Collecting, protecting, and inventorying the assets
- Having assets appraised
- Settling debts with creditors
- Filing final tax returns
- Paying taxes, including the inheritance tax
- Preparing a final accounting
- Distributing assets to beneficiaries
- Closing the estate
- And more!
Unfortunately, all of this falls on you if you are the executor or administrator. As you can see, it’s a lot to handle on top of your own day-to-day obligations and in the midst of your grief. Allow our compassionate San Marino probate lawyer to step in and shoulder this burden on your behalf so that you can find comfort in your family and focus on your healing.
Why Work With Our San Marino Probate Lawyer?
Hayes Law Firm has decades of experience helping clients navigate California’s intricate probate process. We have a firm understanding of each step in this process and are able to provide you with the most appropriate solutions based on your individual needs and the current state of your loved one’s estate. We are dedicated to giving your case our full attention and resolving it in a timely and cost-effective manner. Call today to schedule your free consultation and discover your next steps.
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The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.