Probate & Estate Law
The estate of loved ones usually goes through estate administration or probate when they pass away. This is a court-managed process where the deceased’s assets are managed and distributed. Court manage administration may not be necessary if your loved one’s assets were owned through a properly funded and well-drafted living trust.
The complexity and size of the estate determine the length of time required for completing its probate. It also depends on the schedule of the probate court and local rules.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.
Steps Involved in Probate Process
All probate processes are unique. However, these are a few typical steps common among all:
- Filing a petition with the probate court
- Sending notice to heirs
- Petition for appointing an executor or an administrator
- Inventory of estates assets by the administrator or executor
- Estate debt payments to creditors
- Sale of estate assets
- Tax payments
- Distribution of assets
Benefits of Hiring an Estate Administration Attorney
The executor of an estate are generally those people that are held in high esteem and trusted by the owner. Generally, most people prefer hiring an experienced, knowledgeable, and reputable attorney to help understand and navigate the probate process.
There are several steps that need to be completed while executing an estate. These have to be completed in a timely manner. The entire process can get derailed by just one misstep. You could end up sorting through a barrage of legal challenges from the beneficiaries and people that got left out of the will.
Estate administration attorneys can help you with probate and handle asset inventory, court filings and benefactor notifications. They will also respond to all legal challenges that come your way. Your estate lawyer can steer you through the process if you or a loved one were named the executor of the will.
Deceased Not Leaving a Will
It would be wise to consult with an estate administration lawyer if your loved one or family member died without leaving behind a will. This is particularly important if you believe you have claim to a significant share of the property and assets. The property in cases where there is no will gets distributed by the state as per the inheritance laws.
Only a few family members have the legal right to bring forward an administration hearing for claiming rightful assets before the state decides to step in. Knowledgeable and skilled estate administration attorneys can be hired by family members with a direct claim to the assets. They can also be hired by those members that have to prove a direct kinship to inherit.
Relatives of the deceased person will have to prove their claim to the property in a kinship hearing if the deceased dies without a will or living family members closer than first cousins.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
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For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.