Probate is the process that commonly occurs when an individual passes away and all or parts of his or her estate needs to be transferred to the proper heirs and beneficiaries. The court-supervised process of probate ensures that fraud does not occur in this transfer. The process is based on California statutes as well as prior state and national court case decisions. Thus, it can be a complex matter as well as time-consuming due to the many steps of the process that must be completed under court supervision.  

At the Law Office of Donna Bachoura, we can assist you in this matter through a review of the implicated estate and provide counsel as to the most efficient and economic manner for its transfer to the proper heirs. Our attorney is well-versed in California probate law and procedure; you can depend on us to ensure you understand your options in the administration and distribution of a probated estate. 

Discuss your probate needs with our Glendora probate attorney in a free initial consultation. You can reach the Law Office of Donna Bachoura via our contact form or by calling (626) 325-0660. 

Probate in California

If you have been named as the executor of the will, we can help you with all aspects of the probate process. In some cases, where a will does not exist or does not name an executor, we can help you seek that appointment by petitioning the court. 

In cases where a will exists, once it is validated by the court, the estate will be transferred according to the instructions provided within it. If no will exists or estate assets are not assigned within the will, the estate will be transferred according to “intestate” succession; this means that the distribution of the property will be done based on applicable legal requirements.

The executor of the estate has a fiduciary duty to oversee the probate process and manage all the deceased’s assets until they are distributed to those entitled to them. This includes marshaling assets, notifying creditors, and filing tax returns. Our firm can help by drafting documents, ensuring timelines are met, and informing the court of any disputes or issues that arise during the process. 

The steps of the probate process in California are as follows:

• File a Petition for Probate with the local court, which requires certain information such as death certificates and other relevant documentation about the estate.
• Provide Notice of Probate to heirs.
• Inventory all assets of the estate.
• Notify and liaise with creditors regarding any outstanding debts owed by the deceased and see that valid debts are paid.
• File applicable tax returns on behalf of the decedent.
• Handle any objections from beneficiaries and settle disputed matters before court hearings.
• Distribute remaining property according to legally binding provisions within the will or according to inheritance laws; and
• Close out the probate once all parties have received their share and agreed upon how it was distributed.  

The probate process can be expensive, lengthy, and complicated. It can, however, be avoided with the preparation of a comprehensive estate plan before it is too late.