The administration of probate will probably take several months to complete. Without legal assistance from an Oceanside probate administration lawyer, this might take up a significant amount of your time.
When an estate has a lot of assets, a business or firms, or real estate spread over several places, probate and estate administration can be burdensome. Additionally, you could feel under pressure to fulfill the wishes of the decedent by making sure the probate process is correctly handled.
Probate administration legal services and legal advice are something Century Trusts & Estate Planning, PC has been offering to their clients and their families in Oceanside, California for many years. Make your load easier to bear by working with our probate attorney today.
Why do I need an Oceanside Probate Administration Lawyer?
It can be difficult and distressing if a personal representative or inexperienced executor tries to manage the probate administration process without the help of an Oceanside probate administration lawyer.
You won’t have to endure this tough time alone with the help of Century Trusts & Estate Planning, PC. Our Oceanside probate administration lawyer will assist you in navigating the process as well as be by your side to help you complete the process successfully and quickly.
Contact us right now to discuss your probate administration needs with our law firm and protect the things you value most.
What is Probate?
A deceased person’s estate is administered through the probate process, which is governed by the court. In the course of probate, a will is authenticated, debts are paid, and assets are distributed to beneficiaries.
Probate Without a Will
The court will apply state intestacy statutes to distribute the decedent’s assets if they passed away “intestate,” meaning they did not have a will.
Probate With a Will
If the deceased left a will, the court first decides if it is authentic and valid. The individual designated in the will typically serves as the personal representative appointed by the court to manage the estate.
What is Probate Administration?
The management and distribution of a decedent’s assets in accordance with a will, other estate planning documents, and state law is known as probate administration. Taxes and debts should be settled by the time the probate process is done, and all assets should be transferred to the new owners.
Based on the complexity of the estate and the issues that emerge, probating an estate from start to end could take as little as few weeks or as long as several years. However, the majority of estates are probated without much court involvement in under a year.
Although there is frequently no set deadline for starting the probate, it is typically started within a few months after the decedent’s passing. While certain state probate law specifies a deadline for anybody in possession of a decedent’s will to file it with the court, filing a will with a court doesn’t initiate a probate process.
In order to avoid an estate suffering needless losses and to swiftly distribute assets to their proper owners, it is normally advisable to start the procedure as soon as possible after the decedent’s death. Probate may be started by anybody with an interest, but it is frequently started by the executor designated in the will.
How Does the Probate Administration Process Works?
The legal procedure through which the assets of a person who has died is distributed is known as probate. Probate has two functions: distributing assets to beneficiaries and paying any outstanding debts, bills, or taxes.
Depending on the specifics of each situation, different actions must be taken, but some are constant. An Oceanside probate administration lawyer can aid you in navigating this procedure:
- Generally, a petition for probate will be filed by the administrator or executor with the assistance of a probate lawyer.
- The probate lawyer will then mail a notice of the probate hearing to the legitimate heirs and beneficiaries listed in the will (if there is one), in addition to notifying creditors by publishing the notice in the local newspaper where the decedent lived.
- A probate hearing generally happens many weeks after filing the petition. A personal representative is named to inventory and administer the assets and settle the debts once the hearing determines the validity of the will. You can get the experienced resources you need to help with this effort from your lawyer.
The process may take many months, and months can turn into years when it’s necessary to sell securities, real property, or other assets to pay creditors.
- The personal representative or the probate attorney, files a report with the court, which confirms the accounting, after all taxes and debts have been settled. The judge subsequently grants permission for the remaining assets to be dispersed to the beneficiary of the will, and with the help of the probate lawyer, property transfers take place.
What are the Duties of an Executor?
A decedent’s estate must be guided by an executor through the whole probate procedure. The executor has a fiduciary duty to operate in the estate’s best interest and submit the appropriate documents, following the will, and according to court orders. Managing the estate’s assets throughout the process and ensuring the estate doesn’t incur needless losses are two of an executor’s duties.
The assets of the estate must be listed and appraised by the executor. In order to carry out their responsibilities, an executor may recruit experts like accountants and lawyers. The estate’s executors are entitled to fair compensation for their efforts. Executors that will inherit from the estate, however, frequently deny payment.
In general, executors are also in charge of updating beneficiaries and heirs on the status of the estate and the probate procedure. When the probate litigation is formally closed, an executor’s duties are completed.
Does a Person’s Property Have to Undergo Probate After they Pass Away?
No. Most states let a specific amount of assets to pass without going through probate or using a simplified probate process. In California, for instance, you can avoid probate on up to $100,000 in assets, and there is a simple transfer process for any assets left to a surviving spouse.
Furthermore, property that descends without a will, such as through joint tenancy or a living trust, is exempt from probate.
Call our Oceanside Probate Administration Lawyer Now!
Are you in need of assistance with Probate Administration issues? You’ve come to the right place. An Oceanside probate administration lawyer might be helpful if you are the executor of an estate.
Century Trusts & Estate Planning, PC handles succession matters and may assist you with court procedures, paying off obligations associated with the deceased individual, distributing property in accordance with the terms of the wills or estate plan, and dealing with probate disputes.
The experience of managing a decedent’s estate can be daunting for many people charged with the duty. Our California probate administration lawyer is dedicated to making the procedure simple. To keep things moving forward and provide the pros and cons they need to make wise decisions, we handle all the heavy lifting for executors and administrators.
Do not hesitate to contact our law office and arrange a consultation if you are interested in reviewing a probate matter or starting the probate procedure even outside Oceanside, in the areas of Carlsbad, Vista, San Marcos, Escondido, Fallbrook, Encinitas, Solana Beach, La Costa, Leucadia, and Cardiff.