Probate & Estate Administration Attorney

California Estate Administration Attorney

Losing someone you love is never easy. Dealing with their estate in California can make things feel even more confusing and stressful. Many families have come to us with the same worries about the probate process in California.

Most estates do need to go through probate if there is only a will or no trust.

We know how important it is for you to understand each step. That’s why we explain what happens, who gets involved, and how assets are managed after a loved one passes away. Our team at Bay Legal, PC is here to help guide you every step of the way.

Keep reading to find out how we can support you during this time.

Understanding Probate and Estate Administration

After learning what probate means, we now shift our focus to how probate and estate administration work in California. Probate is the court-supervised process for settling a deceased person’s estate.

This happens whether or not there is a last will and testament. The probate court reviews any will, appoints an executor or administrator, and oversees the whole procedure.

Estate administration involves taking care of all property, money, debts, and taxes after someone passes away. We identify what assets exist, pay creditors if needed, take care of taxes, then distribute anything left to beneficiaries under state law – or according to the decedent’s wishes in their estate plan.

Our job as attorneys often includes helping families avoid disputes during this difficult time. Many estates must follow these steps by law unless they qualify for simpler probate or use tools like a living trust to avoid probate altogether.

The Probate Process in California

The California probate process has clear steps that we need to follow. Each stage guides us as we look after and settle a loved one’s estate.

Initiating Probate

We start probate by filing a petition with the court in the county where our loved one lived at the time of death. This step officially opens the california probate process. We must provide key documents, like the original will and a death certificate, along with details about estate assets and heirs or beneficiaries.

If there is no will, we request that an estate administrator be appointed.

Next, the court schedules a hearing. At this hearing, a judge decides who serves as personal representative of the estate – often called an executor or administrator. Once approved by the court, we receive legal authority to act on behalf of our loved one’s estate throughout probate proceedings in California.

Acting quickly helps avoid delays and reduces expense for all beneficiaries involved.

Role of the Executor

The court appoints an executor to act for the decedent’s estate. We gather all assets, pay debts, and handle taxes during estate administration in California. Our role includes notifying beneficiaries, keeping records, and making sure the probate lawyer files reports with the court.

After selling or transferring real property and settling any lawsuits or claims, we oversee the distribution of a deceased person’s assets.

Being an executor means following California law closely throughout the probate process – every step matters. We work with accountants if there is income tax due. With guidance from our estate administration attorney at Bay Legal, PC, we make sure each beneficiary receives their share according to the will or intestacy laws if there is no will.

Every detail must be handled carefully so that the estate is settled properly in Los Angeles and Orange County courts.

Marshaling and Inventorying Assets

We start by finding and gathering everything the person owned. This step in estate administration and probate is called marshaling assets. We collect bank accounts, real estate, cars, stocks, business interests – anything that belonged to the decedent’s CA trust or their name alone.

Next, we make a detailed list of these items for the court. We count each asset and record its value as part of the inventorying process. Our law office handles all records with care to avoid mistakes.

Properly handling this step helps us know what debts can be paid and how much inheritance goes to heirs under California estate laws.

Probate and estate administration can feel stressful, but we do not have to face it alone. Our team at Bay Legal, PC is ready to help with each step. We guide families through the process and work to make things easier and clear.

Let’s protect what matters most – together.

FAQs

1. What is probate, and why does it happen in California?

Probate is the legal process that happens after someone dies. The court makes sure debts are paid and what’s left goes to the right people. In California, this often means a probate attorney or an estate administration lawyer helps guide families.

2. Who starts probate or trust administration?

The person responsible for initiating probate will depend on the situation. Usually, a trustee or successor trustee handles trust administration if there’s a trust involved. For estates without trusts, next of kin or someone named by the court may start things.

3. Does every estate need to go through full probate?

Not all estates must go through full court proceedings – some qualify for simplified probate based on size of the estate and other factors set by law in California.

4. What does an experienced probate attorney do during this process?

A good law firm provides legal services like handling paperwork, accounting for assets, paying debts owed by the estate and guiding you each step in the probate process.

5. How long does it take to finish estate administration?

Estate (law) matters can move slowly… Administration will typically last several months at least because courts check everything carefully before allowing property transfers.