At some point in your life, you are likely to have dealings in probate court. Probate court oversees significant matters of life and death.
If you have an issue that might be decided in the Covina probate court, contact an attorney at Amity Law Group, LLP. We provide knowledgeable, efficient, and compassionate legal representation for all probate matters.
Overseeing a Deceased Person’s Estate
Many people encounter probate court for the first time when someone they love dies. Probate courts oversee the distribution of a deceased person’s property. The property a person leaves behind when they die is called their estate.
If the deceased person left a will, the person they appointed to manage their estate submits the will to the probate court judge. If you need to submit a will to probate court in Covina, a lawyer at our firm can guide you through the process.
When there is no will, California Probate Code § 6401 determines who receives the deceased person’s property. A family member or other interested party must ask a probate court to “open probate” concerning the deceased person’s estate.
What Is Probate?
Probate is the process of collecting a deceased person’s assets, paying their debts, and distributing the remainder to their heirs. A probate judge supervises these activities to prevent fraud and to ensure that the estate is distributed as quickly as possible. Most estates go through probate regardless of whether or not the deceased person left a will.
Probate of a simple estate can take a few months. If the deceased person had substantial holdings or if their property must be sold to pay their debts, probate can take several years. A Covina attorney could provide guidance while the estate goes through probate court and ensure the process moves as swiftly and efficiently as possible.
If you engage in thoughtful estate planning before your death, you may be able to keep much of your property out of probate. Avoiding probate is beneficial because it allows your heirs to have immediate access to your property after you die. However, even with an estate plan, there will likely be some property that must go through probate.
Guardianship and Conservatorship
Probate courts also process requests for guardianship or conservatorship when an individual is unable to manage their own affairs.
Guardianship
When a child needs an adult to manage their financial affairs, the probate court judge can appoint a guardian. A child may need a guardian if they inherit a substantial sum, receive a large settlement or verdict in a lawsuit, or earn income through performing, modeling, or other activities. A guardian’s authority is limited to managing the child’s financial affairs.
If a child’s parents die, the court will appoint an adult to care for them. Parents who have wills often nominate someone to serve as their child’s guardian if they die, but a probate court must affirm their choice. If you are seeking guardianship over an orphaned child in Covina, contact one of our probate attorneys to ensure your petition to the court is persuasive and complete.
Conservatorship
Probate courts also establish conservatorships. A conservatorship is a legal mechanism to take an adult’s financial assets and place them under the control of another person. This person is called a conservator.
Conservatorships are common when older adults are no longer capable of managing their affairs. A parent or guardian will often establish a conservatorship when a child with physical or intellectual disabilities becomes an adult. A probate court could also appoint a temporary conservator for people who suffer from a severe illness or injury or experience a mental health crisis that prevents them from managing their affairs.
Contact Our Attorneys for Help With Probate Court Matters in Covina
The probate court oversees personally sensitive matters. Whether you are concerned with a guardianship, conservatorship, or a deceased loved one’s estate, you need knowledgeable and compassionate legal representation.
At Amity Law Group, LLP, our attorneys are experienced in all probate matters. Contact us today to discuss your probate issue and learn how we could help you through the Covina probate court process.
