Probate in California - Kern County Probate Lawyer
Probate is the legal process by which a deceased person's legal and financial affairs are finalized.
This process can take anywhere from 30 days to several years to be completed, depending on
how large or complex an estate is. In the state of California, completing probate takes an average
of six to twelve months. Probate is mainly designed to ensure that estate taxes are paid, and to
allow any debtors of the deceased to make claims on the estate.
Bakersfield Probate
In California, an estate which is valued at more than $100,000 must go through probate. Only
assets that were owned solely by the deceased are included when determining the value of the
estate-the value of any assets held in trust or jointly owned is not added.
In addition to naming heirs, a will can also name an executor. The executor of a will has several
tasks to complete before the assets of the will can be distributed, one of which is overseeing the
probate process. These tasks can be carried out by the executor, or delegated to a probate
attorney.
If the decedent lived in Bakersfield (or any other towns of Kern County including Delano,
Ridgecrest, Wasco, Arvin Shafter, Oildale Rosamond, Lamont, Tehachapi, McFarland,
California City, Taft, and Maricopa), probate proceedings are carried out in the Kern County
Superior Court. It is possible for an executor to represent themselves in a California probate
court, but this is generally not an ideal situation-probate is often a long and complicated, and
hiring the services of a probate attorney familiar with the local rules of Kern County is the best
way to proceed.
What does a Probate Attorney do?
The Bakersfield probate attorney can take on many of the duties of the executor as they relate to
probate. These include:
1. Filing a motion at the Kern County Superior Court to begin the probate process;
2. Attending all probate hearings;
3. Filing any other documents relating to the will;
4. Taking inventory of the deceased's estate;
5. Having the estate appraised;
6. Filing the appraised inventory of the estate; and
7. Calculating any taxes owing, and working with the executor to ensure that money for
these and any debts of the decedent is set aside.
All of this must be done before probate can be completed, and in addition these tasks
must be carried out according to a strict time-table. If any hearing deadline is missed, or
any mistakes are made with any of these tasks, the completion of probate can be delayed
significantly. These can be difficult tasks for a lay-person, and hiring a Kern County
probate attorney will ensure that the process goes smoothly and is completed without any
delays.
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