Experienced Legal Counsel For Estate Administration
Probate is the process of settling a decedent’s estate. It involves collecting the person’s assets, paying creditors and distributing the remaining assets to beneficiaries according to instructions left in a will.
The probate process in California can be complex. Mistakes made during estate administration can lead to legal liability, costly delays and unnecessary complications. At Simon Law, we help executors and estate administrators navigate probate, ensuring they comply with the law and distribute assets according to the will. We also represent parties who have a dispute regarding the validity of the will or any aspect of the estate administration, including suspected financial elder abuse.
If there is not a will, the decedent’s assets will be distributed according to California laws of dying intestate.
Not All Assets Need To Pass Through Probate
A number of assets can pass to a beneficiary directly without going through probate. These include savings accounts, retirement accounts, life insurance policies, real estate and other assets that often are owned jointly by spouses or have a beneficiary listed.
If probate is necessary, the steps include:
- Petitioning the court to recognize the person who has been designated (often in the will) as the executor
- Notifying beneficiaries
- Inventorying the estate assets and obtaining a fair value of all assets
- Paying creditors
- Selling estate assets
- Distributing assets to beneficiaries
Although there are similarities whenever an estate is probated, each has unique aspects to it. Our experienced attorneys will take the time to carefully review your estate administration needs and tailor a legal strategy to match. We strive to answer any questions you have about the probate process to maintain your peace of mind for the duration.