Probate Administration Law

Probate Administration Legal Issues

Probate Administration Law:

Probate Administration is a court process which determines the valuation and distribution of a deceased testator’s property. The probate process can take place with or without a will.

When a person passes away, their estate must be properly accounted and distributed between the estate heirs and beneficiaries. In some cases, this will require probate administration. Probate administration is the process of appointing an executor (if there is a will) or an administrator (if there is no will). This person will be responsible supervising the decedent’s estate. This includes:

  • Identifying, Accounting and Organizing all the decedent’s assets
  • Identifying and settling all the decedent’s outstanding debts
  • Paying all taxes associated with the estate
  • Distributing the remaining assets in the estate based on a will or California law
  • Preparing a final accounting of the assets, debts, taxes and distributions

Probates are filed in the jurisdiction of the Superior Court of California. Probate administration is usually established in the County of the decedent’s last residence, or in the County where the decedent possessed property (or other assets).

Probate Administration Legal Issues:

In most cases an executor will appear before the probate court for a supervised distribution of assets. The executor affirms the validity of the will and presents the court with a detailed list of the assets, property, debts, tax payments, and the desired distribution to the beneficiaries.

Typically the Estate Administration process goes smoothly. The Probate Court and probate administrator will identify the assets of the deceased, decide on the payment of taxes and other expenses, and distribute the property among the stated beneficiaries according to the existing will.

However in the case of complex assets, a poorly prepared will or dispute about the distribution the probate process can become prolonged and complex. Disputes between a beneficiary and the executor can even lead to Probate litigation.

To avoid Inheritance Disputes, Probate Litigation and reduce the duration of a probate, use a knowledgeable probate lawyer with experience in trust and estate law, probate administration, estate taxation, fiduciary duties, and proper probate process.

How a Lawyer can assist with Probate Administration:

Experienced probate administration lawyers can reduce the time a probate process takes and assist in the organization of assets, debts and tax liabilities. In many cases a lawyer who understands the probate process can help the executor save money in taxes and fees, to help increase the amount distributed to beneficiaries.

In cases where there is a possible will contest an effective probate administrator can negotiate with all parties to avoid probate litigation.

When you have a probate administration lawyer to assist you through the probate process, you have the opportunity to ensure that your legal rights are fully protected. This applies to both the beneficiary and the executor.

Probate Administration Lawyer Referral Service:

To find an attorney experienced in Probate Administration contact Attorney Search Network. We can provide you a Lawyer Referral to an experienced Probate Administration lawyer who will help with your case.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your Wills and Estate Planning lawyer referral.

If you have any questions about the information provided above, please contact Attorney Search Network.