When an individual passes away, their estate is often required to complete the probate process. This is a series of court-mandated procedures designed to effectively manage a deceased person’s financial affairs. Estate administration or probate administration is the process for the distribution and management of that person’s assets. Regardless of the size of the estate, probate procedures can be complicated. Attorney Gregory Annigian has been helping clients navigate probate and probate administration for decades. Our goal is to handle your legal challenges so you can focus on your family and friends. We understand this can be a difficult time for everyone.

Explaining Probate and Estate Administration

Probate involves a process that is potentially complex and often troublesome. It happens after a person passes away and is the process for settling their estate. Probate administration involves the disbursement of the deceased person’s assets. Complex court-required procedures resolve claims against the deceased person and their assets. The process may include the appointment of an executor, petitions for the distribution of assets, the prosecution or defense of will contests, compliance with tax regulations, liquidation of real property and assets, and coordination of out-of-state assets. There are often decisions that need to be made regarding life insurance collection, banking account matters, and transfers from pension plans. Our skilled probate administration law firm handles all probate-related matters. We help clients through the entirety of the process and all court and court-related proceedings.  

The Role of the Executor during Probate in California

The court will appoint an individual to act as a personal representative on behalf of the deceased person, who is also called the decedent. If there was a will, the appointed individual is the executor of the estate. If no will was filed, the appointed individual is the estate administrator and a different process is initiated. The personal representative must follow the decedent’s directives regarding the distribution of the estate’s assets. Before this happens, there are prescribed actions that must be completed. If, at any point, the executor does not perform their duties as expected, they may be personally liable for damages. It does not matter whether the executor’s missteps were accidental or intentional. If misconduct is found, the executor may face severe consequences and be held financially liable.

Working with a Probate Administration Attorney

A probate administration attorney can help reduce the many potential points of confusion and doubt that often plague these legal processes. An experienced lawyer can assist executors who must complete court filings, settle the deceased person’s debt, properly appraise assets and release the inheritance following prescribed directives. In addition, because the executor’s role is open to potential pitfalls, a probate administration attorney can help reduce the executor's risk of personal liability.

The Probate Process

There are several steps that must be completed to close the estate of a deceased person in California. First, the petition needs to be filed. This will initiate the start of the probate process in the California Superior Court. A hearing will be set and notices must be mailed to all involved parties, including beneficiaries and creditors. The will must be proven to be valid at the time of the decedent’s passing. Assets, including real property, stocks, mutual funds, bank accounts, and vehicles must be collected and inventoried. If the decedent had established an estate plan, it is possible that some assets would not be included in probate of the estate. Creditors must be paid and all debts settled before disbursements from the estate can be made. This includes payment of estate taxes. A full accounting must also be completed before the estate can be closed. The probate accounting is a record of all actions performed by the executor and their legal advisors. After all of these items are completed, the executor is free to disperse any remaining assets to the decedent’s heirs.

Protecting Rights, Accomplishing Objectives in Probate