Probate

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Coping with the loss of a loved one can be difficult. Additionally, transferring a decedent’s assets may also become troublesome. That is why the Law office of Antoniette Jauregui is here to help and guide you in the probate process.

We have a successful & excellent track record.

WHAT IS PROBATE?

Probate is the process of determining the authenticity of a decedent’s will, identifying the executors, administering the decedent’s estate, and distributing the decedent’s property to beneficiaries after debts and taxes are paid.

THE BASIC PROCESS

If the decedent has left a Will, the named executor in the Will should start the probate process. The ‘executor’ is a personal representative of the estate which is named in the Will.
First, the Will must be determined valid, which is usually accomplished by having witnesses sign a sworn statement and submit to the court. However, if there isn’t a will or the named executor is unavailable, then a family member may request the court to be appointed as the “administrator” of the estate.

During the probate process, the executor is responsible for keeping all assets safe. For example, the executor must keep the house insured and maintained, and heirlooms must be safeguarded from theft or damage. In addition, the decedent’s creditors should be informed of the death. In California, creditors have four months to come forward with their claims, but many estates don’t receive any formal claims from creditors.

Instead, the executor simply pays outstanding bills or debts (for example: expenses of the final illness). If there isn’t enough money to pay valid claims, state law determines the procedure in which claims are to be paid from the estate’s assets.

The executor must also file tax returns for the deceased person and the estate. Finally, the executor can request the court to transfer remaining assets to the beneficiaries stated in the will.

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