Probate in California - Glendale Probate Lawyer
The legal process of probate is designed to ensure that when a person dies with an estate of a certain minimum value, any taxes and debts owing on that estate are paid. Probate finalizes the legal and financial affairs of the decedent, after which the remaining assets of the estate are distributed to its heirs. In the state of California, the average probate procedure takes between six and twelve months to complete. If Federal estate taxes are due on the estate, the process can take up to 18 months.
In Glendale, as in the rest of California, any estate worth $100,000 or more must go through probate. This figure does not include any assets jointly owned by the deceased, or any assets placed in a trust. Only those assets solely owned by the deceased are included.
Most wills name an executor-someone who is responsible for ensuring that any instructions laid out in the will are followed. The executor must also take care of several tasks relating to probate. If the will does not name an executor, the probate court will appoint one. Once this happens, the executor can hire a probate lawyer, and in fact this is advised if the executor is a layperson, as the probate process can be a complicated one that can involve several probate hearings over the course of many months.
When a person lived in Glendale prior to their death, probate hearings are carried out in the Los Angeles County Superior Court. A Glendale probate lawyer can perform most of the tasks associated with probate, as outlined below.
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While the executor is ultimately responsible for managing the estate during probate, many of their duties can be delegated to a probate lawyer. These include:
1. Filing an initial probate petition
2. Collecting the assets of the decedent and creating an appraised inventory of these assets
3. Filing the asset list with the probate court
4. Ensuring that any claims made on the decedent's estate are paid if they are upheld by the court.
5. Arrange for tax returns for the estate to be calculated and filed
6. Helping to arrange the sale of any assets that the deceased's heirs want sold, or assets that must be sold to pay for debts or taxes.
Note that there are important deadlines associated with most of these tasks. Missing any deadline can increase the time it takes for probate to be completed. The assets of the estate may be distributed to its heirs once all these tasks are completed and probate is concluded.
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