Practice - Probate

When a person dies, his or her estate needs to be transferred to his or her heirs. If your loved one has sought counsel for estate planning and has signed a Last Will and Testament, he or she has already decided to whom what property is to be transferred. A probate may, or may not, need to be filed.

Probates usually involve appointing a person to act as the Personal Reprentative of the Estate; notifying any known relatives and/or heirs; determining whether the Estate is solvent (assets exceed debts) or insolvent (debts exceed assets); taking an inventory of all assets and debts of the Estate, and distributing the net assets to the beneficiaries of the Estate.

Persons without a Will in effect at the time of their death will need to have a probate opened so that the Court may be involved in making sure that an appropriate person is handling the Estate, and that all financial issues are resolved.

If a Community Property Agreement has been signed, it is usually a simple process to file the document and totransfer all assets to the surviving spouse.

If the assets of the Estate are minimal, it is possible that a small estate transfer can occur, instead of a formal probate process.

Please let our experienced attorneys guide you through this difficult time of your life, and provide the advice you need.