LA County Probate Lawyer
Richard Sharpe
California Probate
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “ heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
California Probate Codes
The importance of understanding how probate procedures work is essential to having a successful probate experience. Information explaining the probate process is available to every American citizen through their given state. However, that information is complex and uses a strictly formal language, which makes it very difficult to understand for many people. Deadlines are important factors in the California probate process. If deadlines are not met, your case will most likely be delayed and there will be a greater chance that something could go wrong, which is one of the reasons why it’s a good idea to seek legal help. Another factor of the probate process that can be difficult without the help of an attorney, is the writing of formal letters, to which the personal representative is obligated. There are particular formats that are to be followed in accordance with the State of California; and if they are not, procedures can get held up and end up taking longer than they should or need to.
If you are a “petitioner” and are absent from the country or unable to verify a petition, you should know that your attorney can do it for you. What you can see from this bit of information is that attorneys can help you manage responsibility that the state places on you, so that everything is handled in a legal fashion, and you end up getting all that you deserve and are entitled to. The verifying of petitions, which is only one of the many obligations of the personal representative, is extremely important to the probate process in California, since it is the very action which sets the whole process in motion.
“Reports” and “accounts” in California can be verified by anyone who has that duty, and if there is more than one of them, only one is necessary. This means there may be only one person to take part in these processes, so as to allow them to go through more smoothly. Hiring an attorney is one way to assure such an end. By having an attorney on your side consulting with you in the decision making process, you’ll have a better chance to get through your probate matters with greater ease and less stress, and at the same time receiving all that is due to you.
In California, someone can make a “response or objection” at or before the probate hearing. This is important, because it often means that the personal representative will have to deal with out-of-the-ordinary procedures, which would be difficult and complex without the help of an attorney. The court will either hear this kind of response or object it then and there. They may also call for a “continuance”, in order to set aside time for this in the future, if it looks like it may be an issue that will require more time to resolve than the court has available. When such is the case, you’re best off with an attorney, who will make sure that matters are handled as you wish them to be.
