Probate
Guiding You Through the Probate Process
Probate is a court-supervised process during which the following takes place:
- The final will of the deceased person (decedent) is proven to be valid
- The provisions of the will are given effect
- An executor or administrator of the will is appointed
- After various court filings and requirements, the decedent’s estate is distributed
- If the decedent died without a will, the estate is distributed according to California law
Probate Process
Upon a decedent’s passing, a beneficiary will file a petition of probate with the court to officially appoint the executor or administrator of the estate. At this time, estate planning attorneys may need to search for beneficiaries or next of kin to notify them of the decedent’s passing and the probate process.
When appointed, the executor or administrator manages the estate by:
- Taking inventory of assets
- Paying creditors, bills, and taxes
- Managing real property or businesses
- Filing an accounting (if not waived)
After the executor or administrator completes the duties in the probate process, a petition must be filed to distribute the remaining assets to the beneficiaries per court order.
We have experience with probate administration and probate litigation, working with executors and administrators, beneficiaries, and others involved in the probate of estates. Our office will advise you — no matter your role in the probate process — to ensure a seamless process where possible and generate targeted solutions for you should you require a more creative approach.
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Call 650-934-2228 or Email
The contents and materials of this website should be used as a general guideline and not as the ultimate source of current information. The user should consult their own legal, accounting, or other advisors.