Probate is a court process whereby the state oversees the distribution of assets upon one’s passing and ensures the payment of debts. In California, probate is required where there is no will or even if there is a will. That’s right, a will does not avoid probate.
Probate can be very complicated and, in many situations, may require help from an experienced attorney. Our skilled Rosemead probate lawyers could help you become appointed as the administrator of the estate and guide administrators to perform their roles. Our attorneys can also represent an heir or beneficiary in a probate case to ensure that their interests are fairly represented so they may receive the full value of their rights under the law.
What is the Function of the Probate Court?
Probate is the process whereby a court oversees the administration of a decedent’s estate. One of the primary functions of the probate court is to authenticate a decedent’s will and to ensure that the administrator of an estate properly performs their role in the process.
Only the probate court can determine if a will is valid. Still, under California Probate Code § 6110, any interested party can petition the court to evaluate whether a will is proper under the law. Parties may argue that the will is invalid due to having an improper format, that the document was the product of fraud, or that the testator lacked the proper intent to create the document.
Another important function of probate court is to ensure that the administrator properly fulfills the role by sending notices to potential heirs and beneficiaries, resolving estate debts, submitting an inventory and appraisal of estate assets, complying with statutory deadlines, and completing estate distribution per court order.
A Rosemead attorney could help ensure your rights as a beneficiary in a probate case and can help an administrator perform all requirements.
Who is Impacted by the Probate Process?
Probate can impact a variety of people connected to the descendants. For heirs and beneficiaries, the outcome of probate will determine their property rights to the estate. Creditors will be looking at the probate case to resolve debts owed by the decedent. Thus, administrators or executors of the estate have an important role to provide information regarding heirs, beneficiaries, and estate debts.
A Rosemead lawyer could help both potential heirs and executors evaluate their rights and obligations under the law and fight to uphold those rights in probate court.
Reach out to a Rosemead Probate Attorney
The probate process has a reputation as being a lengthy and complex procedure. It is essential to remember your rights and obligations during this important process.
For potential heirs, this is the time to protect what is yours. A Rosemead probate lawyer could help ensure you receive your correct share of the estate asset. For executors and administrators, an attorney could assist you in fulfilling your duties under the law to avoid any potential future legal entanglements. Contact our firm today to learn how we could help you through this process.