South Bay Area, California, Probate Lawyer
The Probate Process in California
The probate process can be expensive and time-consuming, and it can be overwhelming while you are dealing with the loss of a loved one. In this emotional time, disputes can quickly escalate into litigation. Get the peace of mind you need with help from an experienced probate administration lawyer. Contact my law office to schedule a free initial consultation to discuss your probate needs.
Experienced Legal Counsel in Manhattan Beach
My name is David E. Simon, and I have been handling probate administration and probate litigation for more than 40 years. I provide comprehensive representation to clients in the South Bay Area, assisting at every step in the process, from appointment of the executor through the distribution of assets. I explore with my clients alternatives to the probate process and methods for expediting the process.
I have a real estate broker's license and am able to handle the sale of real property during probate.
About the Probate Process in California
Probate administration involves identifying the assets that are part of the estate, paying any debts or taxes owed at the time of death, and disbursing the remaining assets to the heirs or beneficiaries. If the person died without a will in place, I work with my clients to ensure they understand what happens to the estate and to ensure that the correct beneficiaries receive the assets of the estate.
Basic steps in the probate process include:
- The court appoints a personal representative if the person died without a will.
- The personal representative mails a hearing notice to everyone named in the will, or to everyone who will inherit under California state law if no will exists.
- The hearing usually takes place several weeks after the personal representative files the petition for probate. At the hearing, concerned parties may contest the validity of the will or the appointment of the personal representative.
- After the hearing, the personal representative takes possession of and manages the deceased person's assets until all taxes and debt are paid. If necessary, the personal representative arranges for the sale of assets.
- Once all taxes and debts are paid and any necessary sales are complete, the personal representative files a report with the court. After the probate court approves the report, the probate judge will authorize the personal representative to distribute the remaining property among the beneficiaries named in the will. If no will exists, assets are distributed according to California state law.
Probate Litigation: To Contest a Will or Challenge a Personal Representative
I am experienced in probate litigation, including will contests in which named or potential beneficiaries raise claims of undue influence, fraud or lack of capacity. Will contests and litigation are ripe with emotion; my clients rely on me with confidence, knowing they are working with a lawyer who understands their goals and who has the necessary experience to handle the case with care.
For a free initial consultation, please contact my law office to discuss your legal matter with an experienced attorney.