Probate functions to ensure that a decedent’s will and other testamentary documents are genuine and that the executors of estates fulfill their duties under the law. However, these proceedings have a reputation for being lengthy and complicated.
Fortunately, an Anaheim probate lawyer could help expedite the process and offer valuable advice regarding its benefits. If you face issues with probate, call a skilled trusts and estates attorney who could help ensure the proper distribution of estate assets and verify that the actions of executors are appropriate.
What is Probate in Anaheim?
Probate involves the court-supervised process of distributing a person’s estate assets after their death. Through probate, a court has the power to approve an executor, oversee the representative’s actions, and determine the legitimacy of a decedent’s will or other testamentary documents.
Probate is the only opportunity a person has to exercise their rights as an heir to an estate. For example, a will may name a specific person as the sole heir to a decedent’s property, which will expressly override the state’s intestacy laws. However, if a party believes the will was forged or fraudulently drafted, they may ask the Probate Court to invalidate the will and apply the state’s intestacy laws. If the court finds evidence confirming that the will is illegitimate, the property rights of family members could change drastically. A local attorney could provide more information about the probate process and address key questions that clients may have about distributing a decedent’s assets.
How an Attorney Can Help Open and Complete Probate
When probate becomes necessary, it is essential to understand how to initiate proceedings. Probate begins when a party submits a will to the court. According to California Probate Code § 8000, any party with interest in a decedent’s assets may submit this document. The court will then issue notices to all other potential beneficiaries. Each party has the right to ask the court to consider the validity of a will before moving forward. A legal representative could provide guidance to people looking to initiate probate and fight for their rights during the process.
A lawyer could also help anyone who has received an appointment as an executor, who is solely responsible for administrating a decedent’s estate. An executor is required to pay debts, sell property, and distribute assets according to the terms of a decedent’s will. However, an executor has a duty to the court and the estate to perform these duties ethically and responsibly. A diligent lawyer in Anaheim could explain the role that an executor plays in the probate process and take appropriate legal action if the actions of an executor appear to have violated state law.
Contact an Anaheim Probate Attorney Today
The probate process can be complex and confusing. In fact, an estate that needs to go through probate can take months to resolve, delaying the use of a home or distribution of assets. However, probate is often necessary to determine the true heirs to an estate or oversee executors’ actions.
An Anaheim probate lawyer could answer all your questions concerning probate and offer sound advice regarding the importance of an executor. Contact an attorney today to learn more about the role that probate could play in your comprehensive estate plan.
