Overview of the California Probate Process

Most people in California approach the probate process in a state of confusion... and in a hurry. A loved one has died, and the heirs and descendants suddenly realize that they know very little about the deceased person's assets or the way these should be managed and distributed. It doesn't help that the process can be as emotional as it is complex.

As a San Diego probate attorney, Scott Grossman prides himself of being the compassionate and dedicated legal representative who will steer you through an efficient probate process, protecting the decedent's estate as much as the feelings of all the survivors involved.

What are the steps of a probate process in California?

The beginning steps: After the funeral and urgent family matters have been addressed, the probate process should get started and should immediately center on two things:

• If there is a will
• Selecting a probate attorney

As your attorney, I will, efficiently and without delay, file all court documents and get the process moving. I shall then meet with the executor appointed in the will or with the administrator designated by the California probate code. Any one of them is further referred to as "personal representative" and will be in charge of handling the probate process as a trusted representative of the beneficiaries.

The purpose of probate: To the personal representative and rightful beneficiaries of the estate, I shall explain the three objectives of the California probate:

1. Collection and management of the assets
2. Payment of debts and taxes
3. Distribution of the balance of the estate as required by the will and California laws

Who does what? The personal representative will have to find all the decedent's assets, from monetary assets to personal and real property, make all necessary payments, find and list all the creditors, and draft a complete list of potential beneficiaries.

As a probate attorney, my job will be to prepare all legal documents, conduct legal filings, ask for necessary authorizations and make all court appearances. I shall handle the personal representative's agenda to make sure all forms are mailed, publications are made, notices are sent, documents are filed, assets are transferred, and hearings are attended before or on the due dates so as not to incur unnecessary delays. I will counsel and support the personal representative with my experience and qualified advice in the process of paying creditors, managing the estate's assets, paying taxes and distributing the estate to the rightful beneficiaries. Of course, my role will extend to solve any conflict, dispute, litigation, and claim that may appear in the process.

Talk to San Diego probate attorney Scott Grossman about your situation and any questions you might have. Call us at (951) 683-3704 or (866) 840-0000 for your FREE 30-minute telephone consultation.

If you want reliable information about California probate and trust administration, order our FREE book and DVD: The Insider's Guide to California Probate and Trust Administration

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