Understanding Probate and How an Estate Planning Lawyer Can Help You
Losing a loved one is a heartbreaking moment in anyone’s life. May it be a spouse, parent, sibling, relative, or friend, the pain felt is truly incomparable, especially during the moment it happens. But on top of the grieving process, unfortunately, comes administrative duties you must immediately perform. One of those is determining how your deceased loved one’s assets get distributed – something that’s really hard to do without the services of an Atascadero, CA probate lawyer.
The estate of a deceased person usually goes through probate. However, a probate case doesn’t open unless a family member initiates and submits a petition to the court. Making sure every step is properly accomplished requires terrific legal services – one that our team at 805 Law Group is more than happy to provide! Contact our estate planning attorney today to schedule an appointment.
What is Probate?
Probate is a legal procedure that takes place when somebody dies. During the case, an individual appointed by the probate court as a personal representative will be in charge of managing the deceased person’s assets. And apart from filling out necessary probate forms, it also typically involves an Atascadero CA probate lawyer to appear before the family court.
Things that need to be done during a probate court case include:
- Showing proof that the deceased person’s will is valid
- Identifying all of the deceased person’s property
- Appraising all identified property
- Paying taxes, debts, and all existing financial obligations of the deceased
- Distributing all remaining property in accordance with the will or state law (if no will has been written)
Your Atascadero CA probate lawyer will walk you through each step of the probate process to prevent mistakes and allow you to grieve without much distractions.
What Happens During a Probate Case?
The probate court will function as the case administrator with help from others hired to be facilitators. Their main focus during the case is protecting the estate beneficiaries’ and creditors’ interests. The court is also responsible for legally acknowledging your loved one’s death and overseeing the asset distribution process.
Below is a summary of what takes place during a probate case. Please note that in order to prevent having your request thrown away, ensure that all these steps are done within the correct jurisdiction.
Submitting your petition
With assistance from an Atascadero CA probate lawyer, you must write an application that requests the court to admit the deceased’s individual’s will to probate and make you the executor of the estate. But if there was no will written, the court would appoint an administrator.
Probate hearing
This step requires you to provide evidence that supports your application to be the executor, including information about the date of death, the deceased individual residence, and certain details regarding the will. After the probate hearing, it shall be up to the judge whether or not you will be admitted as the estate executor.
Appraising and inventory
Once legally appointed as the executor, you will need to appraise and inventory your deceased loved one’s estate within 90 days from the day of the probate hearing. Your tasks may also include contacting the will’s beneficiaries and creditors, discharging any existing debts, and filling out the final federal tax return on the deceased person’s behalf.
Resolving disputes
Before any assets can be distributed, all disputes need to be settled first. It’s not uncommon to have disagreements on each asset’s valuation or to a creditor’s claims. Having an Atascadero CA probate lawyer should make dispute resolution a lot easier. In some cases, the probate judge may step in to help expedite the process.
Distributing the assets
After all disputes have been resolved, the remaining assets will be distributed to all beneficiaries. Ensure that you’re working with a skilled Atascadero CA probate lawyer who knows exactly how a decedent’s assets must be managed.
How Long Does the Probate Process Take?
The probate process becomes open the moment your petition is submitted. It could take more than one year before the case gets closed as the steps mentioned above need to be completed.
Creating a concise estate plan is one way to help speed up the entire probate process. Get in touch with an experienced Atascadero CA probate lawyer to get assistance.
Why Do I Need an Atascadero CA Probate Lawyer?
When forced to deal with a complicated legal issue, you would do whatever you can to come up with documents that support your case before going to court. Our team at 805 Law Group is dedicated to using our smarts and skills to deliver the best possible result.
Our Atascadero CA probate lawyer has experience in a variety of cases. We know how difficult it is to grieve the loss of a loved one and take on administrative tasks at the same time. That’s why we make sure that along with giving excellent legal advice, we will:
- Communicate with you openly and effectively to ensure that we’re always on the same page
- Carefully go through your case while putting special emphasis on the tiny details.
- Walk you through every step of the probate process so you don’t feel too overwhelmed by the problems thrown at you
- Keep you organized and make sure all paperwork submission deadlines set by probate court are followed
Regardless of the legal troubles you’re facing, an Atascadero CA probate lawyer from 825 Law Group is prepared to give our all-out support. Keeping everyone happy is our priority, so make an appointment with our law firm today!
Call our Atascadero CA Probate Lawyer Now!
With more than 20 years of experience, our California law office will do anything necessary to secure your future while also protecting your rights. At 805 Law Group, we take pride in maintaining a close personal connection with every client and giving aggressive legal representation right from the very start.
If you’re dealing with legal battles resulting from family problems, criminal charges, or personal injury, give our law office a call to speak with an Atascadero CA probate lawyer. We cater to clients within Atascadero, CA and its neighboring cities. Contact us now!
