The Probate Process in California: Why Hiring an Attorney Is Essential

Families going through probate can save endless hours, expenses, and frustration by retaining the services of an asset protection attorney in Los Angeles. In a perfect world, an estate plan would have been put in place before to the death of a loved one, allowing for the avoidance of probate.

The truth is, however, that is not always the case. If you are going via or are about to enter the probate procedure in California, you should consult with an estate planning attorney. This is a complicated process that you do not want to be forced to go through alone.

Let's take a peek at why having an attorney on your side is so vital during the probate procedure.

What Exactly Is Probate?

Simply put, probate is a court-supervised method that transfers ownership of property from the decedent, or the person who has died, to the beneficiaries named in the will.

While there are various steps a person can take to avoid going through this court-supervised process, if they have not taken these steps before to their death, probate will almost always be required after they die away.

It is unfortunate that the procedure can be expensive, time-consuming, and complex. There are a variety of possibilities that could play out, any of which could result in increased costs as well as family turmoil. Obtaining the services of a probate attorney in Los Angeles and Orange County can help to decrease this conflict as well as the stress that comes with it.

Whenever possible, it is important to consult with a Los Angeles living trust attorney before submitting your petition to start the probate process to determine whether there is an alternative to probate that may be available.

In some accounts and for some assets, the decedent may have specified payable or transfer-on-death (TOP) beneficiaries, even if he or she did not create a living trust. Additionally, joint ownership and joint tenancy may be used to keep some assets out of the hands of the probate court system.

At McKenzie Legal & Financial, our knowledgeable estate planning attorney will analyze your deeds, accounts, and any existing estate plans before advising you on the best course of action.

What Does the Process of Probate Involve?

Making a decision on who will be the estate representative

The first stage is to select who will be acting as the estate's representative in the future. If the decedent left a will, he or she most likely appointed an executor, who serves as the decedent's representative in the estate. In the want of a will, the court will appoint a personal representative. This is typically the surviving spouse, legal domestic partner, or children, depending on the circumstances.

It is not uncommon for families to reach to a point in the probate process where they disagree over something. It is not always evident who should serve as the representative, and heirs may have differing opinions on who would be the most appropriate and entitled to the post. This could be due to a conflict of interest or a long-standing disagreement between the two parties.

If you see yourself in this situation, having an asset protection attorney Los Angeles on your side is essential. The representative is charged with enormous obligations, and he or she should be picked with the greatest care.

The following are the responsibilities of an estate representative:

Having a clear understanding of and following through on their obligations This necessitates understanding of probate law as well as being well-organized, responsible, and trustworthy in one's conduct.

• Keeping track of all of one's assets and liabilities is essential.

• Taking care of the assets until they are transferred to the intended beneficiaries.

• Failure to fulfill their fiduciary responsibilities may result in a loss in the worth of the estate, for which the representative may be held accountable.

• Initial Responsibilities of the Representative

After a representative has been appointed, he or she must take charge of the assets and keep them safe until the assets have been dispersed to the beneficiaries and the debts have been satisfied.

This may involve ensuring that the house is secure, that the mortgage and other obligations are paid on time, that the property is well-maintained, and that all other important possessions are kept in a safe place.

They must investigate account balances, life insurance policies, and other benefits to establish whether beneficiaries have been designated for these accounts or whether they would be subject to probate. If the individual was receiving Social Security payments, the Social Security Administration must be notified immediately in order to avoid overpayment and possible fraud charges against the individual.

Credit card cancellations, inspecting safe deposit boxes for valuables and essential papers, collecting the mail, and managing digital assets such as online accounts are all additional responsibilities of the position. Many of these necessitate the use of usernames and passwords that, hopefully, the decedent has stored in a safe place.

The Franchise Tax Board (FTB) will need to be notified, and the final tax returns will need to be completed.

As you can see, an executor or estate representative has a wide range of tasks and duties to fulfill. An estate planning attorney can assist you in navigating the procedure and resolving any disagreements that may emerge along the way. In the event that a disagreement results in litigation, a probate attorney can represent your interests.