Probate is a legal court-supervised process. It involves distribution of an estate (everything a person owns) to individuals and/or entities named in a will or if no will, to the closest relatives in an order determined by state law. During the probate process the deceased person’s assets are located and valued, their final tax return is prepared and filed, and all debts owed to creditors are paid off, including any tax debt.
If there is a Last Will and Testament involved, the Will in its entirety will be reviewed by the court and its written wishes will be followed if found to be valid. An executor will be appointed as specified in the Will who will be in charge of overseeing the probate process to ensure the estate is appropriately administrated, and assets are distributed to the intended beneficiaries.
If there is no Will involved, the heirs of the deceased person will receive their inheritance according to laws of the state. An administrator will be appointed by the court who will oversee the probate process to ensure the estate is appropriately administered, and assets are distributed to the heirs.
If there is no Will to probate, distribution will be made according to the laws of the state. For example, under California’s laws, if the deceased person did not have any surviving children, parent, brother, sister, or children of a deceased brother or sister, the spouse will inherit 100% of the deceased person’s separate property.
High level overview:
In California, the entire administration process can take between 9 and 18 months to complete, sometimes longer. However, our firm plans from day one how to make each case proceed as expeditiously as possible, so that beneficiaries and heirs receive their distribution without delay. We do not wait for deadlines, we take action at the earliest possible time to ensure a quick, well thought out and smooth probate process.
We focus on assisting our clients navigate the complexities of the probate process, bringing efficient resolution to their case with care, compassion and cost efficiency.
If someone you know died due to the negligence of someone else, we can assist with a wrongful death lawsuit as well as the probate proceeding. Examples of the wrongful death cases we assisted with include NFL traumatic brain injury, construction accidents and other personal injury cases that resulted in death.
At Kennedy Law Group, P.C. the most important part of our business is our clients! We understand the sensitive nature of our probate matters and provide the compassion, dedication and personal attention needed to help our clients throughout the probate process. We are committed to making sure you have top notch stress-free probate representation.
For a free confidential consultation, call Kennedy Law Group, P.C. today at (888) 392-8880. We would be delighted to assist with your probate matter.
We have offices in Valencia and Century City.