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Schreurs Law Offices

Probate

Probate is a court supervised process in which the affairs of a deceased person (decedent) are settled and legal title of property is transferred from the decedent to their heirs.   The process involves the following:

 

 Filing a petition and the Last Will (if there is one) with the Court

 Publication of notice of petition to administer estate

 Court appointment of an Executor or legal representative with authority to act on behalf of the estate

 Locating and inventorying the decedent's property and have that property appraised

 Notifying creditors and potential creditors pursuant to state law

 Payment of debts and taxes

 Distribution the estate property in accordance with the terms of the Will (if there is a Will) or to the heirs of the decedent

 

The average probate takes approximately 18 months.

 

Personal Representatives, Executors and Administrators

 

An executor is the person designated in a will to administer a decedent's estate. If the decedent left no Will, or if the Will does not name an executor, or the named executor is unable or unwilling to act, the probate court appoints an administrator to act as personal representative.

A personal representative may be held liable for: 

 mismanaging the assets of the estate

 failing to collect claims and monies due the estate

 overpaying creditors

 selling an asset without the authority to do so

 not filing tax returns on time

 distributing property to the wrong beneficiaries or distributing property before debts and expenses have been paid

 

Statutory Fees

Fees for personal representatives and attorneys are set by statute.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

(c) 2017 Cynthia L. Schreurs - All Rights Reserved | Disclaimer
650-348-1112 or email: cynthia@schreurslaw.com

Disclaimer: The information contained in this website location is intended to be for general information only and should not be relied on when making estate planning decisions without also obtaining competent, legal counsel from an attorney. Laws vary from state to state and no respresentations are made as to the accuracy of information except as it pertains to the laws of the State of California.