Probate FAQ

Common Probate Questions

The probate process can be emotional and overwhelming. While you are grieving the loss of a loved one, it’s hard to imagine having to handle their estate, as well. Simon Law is here to take that burden off your shoulders. We have helped clients throughout California when they were unsure of where else to turn. Below is a list of frequently asked questions.

To learn more, call (415) 523-7847 today or fill out our contact form. We have offices conveniently located in San Francisco and Walnut Creek.

Q: What is probate?

Probate is a court-supervised legal process designed to transfer a person’s property after they have died. The court will collect all property and pay any remaining debts, claims and taxes. Then, the remaining property is distributed to the rightful heirs. While it can be a timely and draining process, we are here to make sure it is done the right way.

Q: What is an executor?

An executor is the person who is responsible for managing the deceased person’s affairs. Most often, this person is named in the decedent’s will. If the will does not name an executor, the court will appoint one. It can be a heavy burden, and in doing so on your own, you run the risk of making errors. We can guide you through the process.

Q: How long does probate take?

Every case is different, and it all depends on the size of the estate. On average, probate can take around 12 to 18 months to complete. As always, our goal is to speed up the process while making sure that all bases are covered.

LEGAL DISCLAIMER: How long does it take? Per Fam Code 2339 the waiting period is 6 months from the date the other party is served with the Summons or the date the other party filed a response.