Rancho Cucamonga Probate Attorneys
Atlantis Law Can Help You Through this Difficult Time
Probate is the process of legally resolving a loved one’s estate
after they have passed away. Probate can be a particularly trying process
for families who have just lost a loved one. Not only are they dealing
with their grief, but also the arduous and
costly legal process of resolving debts, distributing assets, addressing tax matters and other
responsibilities. Probate has been known to be tedious and slow-moving
even when it goes smoothly and difficult and fraught with family conflicts
when serious complications occur.
Atlantis Law, our dedicated and knowledgeable Rancho Cucamonga probate lawyers are
well-versed in the challenges families face during the probate process.
Our attentive, client-focused approach not only means that your goals
and concerns will be addressed, but that swift, decisive, and favorable
probate solutions will be aggressively pursued on your family's behalf.
Ensure that your best interests remain a priority throughout the probate process.
Call us today to learn how we can help.
When is probate necessary?
Following the death of a loved one, probate is not always necessary. In
cases where there are very small estates, thorough wills or trusts, and
little dispute other assets, California law allows families to resolve
a loved one's estate outside of probate court.
However, probate is a necessary process for many families. Even when there
is an estate plan left behind, there are often unforeseen matters or complications
that need to be resolved in probate court.
Probate can be necessary when:
- There is no estate plan
- An executor is not available
- There is a family dispute over the estate plan
- There is belief the estate plan was compromised
- The estate plan is unclear or omits certain assets
- Creditors seek money to satisfy unexpected debts
- An estate is particularly large and/or complex
The Probate Process
To start the probate process, an executor named in a will or a family member
wishing to be named administrator of the estate must file a "petition
for probate" with the court. Once the court establishes the authority
of the filer, the executor/administrator can begin the process of collecting
and inventorying the deceased's property, financials, and credentials.
This process can take up to, on average, six months.
Other executor/administrator responsibilities include:
- Filing remaining tax returns for the deceased
- Appraising major assets left in the estate
- Paying any remaining debts of the deceased
- Handing assets down to beneficiaries named in wills/trusts
- Handling creditor claims as they come in
Once all debts are paid and beneficiaries are addressed, the executor/administrator
can request that probate court to close the case. Note that this overview
is a review of a simple probate case. Complications can occur and hearings
and procedures can be required in probate court itself.
Do I need a lawyer?
Probate can be an overwhelming process and even though most executors and
administrators are capable of fulfilling their probate responsibilities,
an overwhelming majority of them do so with the counsel by their side.
At Atlantis Law, our skilled and knowledgeable probate attorneys are prepared
to help navigate you and your family through this process, ensure that
any pitfalls are averted and—if complications cannot be avoided—that
they are resolved as swiftly and favorably as possible.
Our firm is ready to help you move on from this difficult time. Contact
us today to request a
free case evaluation.