Professional Probate Administration for Your Loved One's Estate
Probate Administration is necessary when someone dies with over $100,000 in assets in their name alone. If the person had a Will, he or she died "testate" or if the person died without a Will, he or she died "intestate." In either case, a probate must be established in the county where the person lived or if he or she lived out of state, probate must be established in the county in which he or she owned real property.
Probate Administration With a Will
The Decedent's Will typically names beneficiaries of the will, names the executor, and may make specific gifts of identifiable property.
After the executor is identified or appointed and Letters Testamentary are issued, there is a creditor's period of 120 days during which any creditor of the decedent may file a claim with the executor for payment of debt alleged to be owing. Bills must be paid and property sold, if necessary. When all actions are finished, the court is petitioned to allow the executor to complete the probate and distribute the remaining assets to the beneficiaries.
Probate Administration Without a Will
Without a Will, a decedent's estate passes based on California law. All or a portion goes to the spouse and a portion may go to children or a parent depending on the character of the property (community or separate). If there is no spouse, the property generally goes to the children and issue of any deceased children. If there is no surviving spouse or children, property passes to the parents or surviving siblings.
A person can petition to be administrator, which is determined by law depending on his or her relationship to the decedent. Spouse is first, then children, and so forth. The California probate code provides rules for probate administration. The administration is similar to that where the decedent had a will, except that the probate code determines who gets the property and who may become the administrator.
Length of Probate Administration and Possible Complications
The length of the probate depends on several things, including:
- State of Decedents Affairs. Were his or her affairs organized, debts current, ownership interests understandable, etc.?
- Debts of the Decedent. The size and nature of the debts.
- Controversy Amongst Beneficiaries or Heirs. Are there disputes among parties, have they filed actions in court?
- Liquidity of the Estate. Is the estate composed of illiquid assets such as real estate, a business, equipment, etc.?
- Any Pending Lawsuits or Other Legal Actions Against Decedent. These must be resolved before the administration is completed.
- Executor's or Administrator's Efficiency. Though an attorney usually represents the Executor or Administrator, they have many responsibilities to fulfill and must do so in a timely manner to finish the probate in a reasonable time.
- Attorney's Experience and Skill. It is important to retain an attorney who is knowledgeable about the probate procedure and has real experience in assisting clients in probate matters. Many lawyers practice in many different areas of the law including probate, but do not understand the procedures because they have only done a few probates. This can result in unfortunate delays and much frustration to the Executor or Administrator, and of course, to the beneficiaries.
Call Today for a Free Initial Consultation
Contact Philip John Gold, Attorney at Law, for a free initial consultation. Our toll-free phone number is 888-763-3296 or you can reach us by e-mail. We have been serving clients in Newport Beach, Orange County, and surrounding areas of Southern California for more than 30 years.
