Serving Clients Throughout Southern California
If you have recently lost a loved one who did not leave behind a will or comprehensive estate plan for his or her estate, you will have to distribute his or her assets through the probate process. While it can be long and complicated, with the help of an experienced lawyer, it does not have to be.
We will work to utilize those procedures available to streamline the process as much as possible. In any situation it is a difficult process. If beneficiaries are agreeable, a waiver of accounting will always be a benefit to expedite the process.
The probate process starts with the filing of a petition to probate the will. The original will is filed with the petition if not before. All appropriate heirs are notified in person, and a notice is published in the newspaper.
Sometimes a bond is ordered and sometimes waived; this is all part of the unpredictable process.
A notice to creditors is sent after the court approves the petition.
After all creditor issues are resolved, a preliminary inventory is filed and then a probate referee is employed to appraise the assets.
If assets need to be sold pending resolution of the estate, a notice of intended action is sent to all interested persons.
A final accounting and petition for final distribution are the basic steps before the court issues its orders and receipts are filed in order for the executor to receive a final discharge by the court.
At The Law Offices of Rickard L. Borg in Carlsbad Village, we are ready to help you simplify the process and protect your family.
A Practical Approach to Finding Solutions
What is the probate process in California? There are a lot of steps you have to follow in order to distribute the assets of an estate through the probate process. Our firm will be there to answer your questions and help you make well-informed decisions at every step:
- Executor files a petition
- Notice sent to beneficiaries of a hearing
- Objections and contests raised at hearing
- Executor makes inventory, locates creditors, pays bills and taxes
- File a second petition with the court
- Execute will and distribute assets
It costs money to administer an estate through probate. You will have to pay 4 percent of the first $100,000 in fees to the state. The percentage goes down as the value of the estate goes up. For a complete list of fees, check out our probate fee schedule.
The costliest and most difficult part of the probate process is when a dispute arises. Handling every facet of the probate process, our firm will be ready to protect your rights in court if there is a dispute.
Contact a Carlsbad Probate Litigation Attorney
While this can serve as a helpful guide to the probate process, every family faces unique challenges. Our job is to help you make decisions that honor your loved one and protect your family through the probate process. Open during weekly business hours, our Carlsbad offices offer evening and weekend appointments as well. Contact Marge, Vanessa or Rick today to learn more.