Probate Without a Will

 

     When someone dies without a will (or intestate), the decedent’s estate must pass through a probate proceeding prior to distribution to heirs.  Probate is a four step process that provides a forum to:

 

  • Appoint the proper personal representative to act on behalf of the estate,

  • Address outstanding debts or taxes, and allow anyone with a valid claim against the estate to present their claim, 

  • Marshall assets and collects money owed to the decedent,

  • Distribute the estate to the rightful heir(s).

 

How the Probate Process Works

 

     The probate process in California can be fairly time consuming. The process is complicated, so a person who wishes to be appointed administrator of the estate should consult an attorney experienced in probate procedure. 

 

     In short, the person named as the executor in the will should offer the will for probate through the formal petition process.   A court date will be set with enough time (approximately 1.5 – 2 months) to publish the probate and to allow any other persons with wills to file competing petitions. 

 

     Once an executor or administrator with will annexed is appointed, 120 days are allotted to creditors to offer their claims.  During this period the executor marshalls the assets, pays debts and taxes, and files the requisite paperwork with the court.  At the close of the 120 days, the personal representative files a final petition for distribution of estate assets and a court date will be assigned (approximately 3 months).  Once the petition has been approved by the court, the executor will distribute the assets and file the necessary paperwork with the court to close the estate.

     

     As you can see, each step of the probate process involves a substantial amount of time.  The process can take between 8 months to a year, depending on the complexity of the estate and how diligent the executor and his or her attorney are in performing the procedural requirements.  At the Kelly Law Firm we pride ourselves on working through the probate process as diligently as possible. 

     

     Contact the attorneys at the Kelly Law Firm, Orange County, Los Angeles, and Long Beach Probate attorneys.

 

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Attorney Paul Kelly at the Kelly Law Firm, Law Offices of Paul Kelly represents clients, trustees, beneficiaries, and injured persons throughout cities and counties in California, including Leisure World in Seal Beach, Los Angeles and Los Angeles County, San Diego, Seal Beach, Long Beach, Bixby Knolls Long Beach, California Heights Long Beach, Belmont Shore Long Beach, Los Cerritos Long Beach, Virginia Country Club Long Beach, Eldorado Park, Wrigley Long Beach, Huntington Beach, Irvine, Fontana, Moreno Valley, Santa Clarita, Oceanside, Garden Grove, Ontario, Rancho Cucamonga, Pomona, Santa Rosa, Salinas, Torrance, Hayward, Pasadena, West Covina, Norwalk, Burbank, Ventura, Roseville, Victorville, Rialto, Mission Viejo, Temecula, Murrieta, El Cajon, Santa Monica, Newport Beach, Chino, Baldwin Park, Corona, Palmdale, Lancaster, Escondido, Orange, Fullerton, Elk Grove, Sunnyvale, Thousand Oaks, El Monte, Simi Valley, Concord, Inglewood, Santa Clara, Costa Mesa, Downey, Chino Hills, Lake Forest, Apple Valley,Santa Ana, Anaheim, Riverside, Stockton, Glendale, San Bernardino, Etiwanda, Redlands, Loma Linda, Yucaipa, Highland, Woodland Hills, Venice Beach, Laguna Hills, Beverly Hills, San Bernardino County, Riverside county, Orange County, and Los Angles County. The Kelly Law Firm specialize in civil litigation, employment litigation, personal injury, will contests, trust contests, trusts and estates litigation, probate administration, estate planning living trust, last wills, representing abused beneficiaries of trusts and wills, representing administrators and executors and administrators with will annexed, trust accounting, and elder financial abuse and conservatorships and conservator law.

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