Probate in California - Marin County Probate Lawyer
When a person dies in California and leaves an estate worth more than $100,000, that estate must
go through probate before its assets can be distributed to the heirs named in the will. The main
function of probate is to ensure that any debts incurred by the deceased are paid, and that if any
estate taxes are applied, the money is set aside for them to be paid. The process of probate
typically takes between six and twelve months to complete.
If a decedent leaves a will, it may name an executor in addition to naming heirs. If the executor
is willing to accept this position, they are then responsible for managing the estate while it is in
probate. They must prepare the estate to go through the probate procedure, and then distribute
the assets of the will after probate is completed. Managing the estate and probate can be a
complicated process, and many executors choose to hire a probate attorney to make this process
easier.
When the decedent lived in Marin County (including Corte Madera, Fairfax, Kentfield, Bolinas,
Larkspur, Mill Valley, Novato, San Anselmo, San Rafael, Sausalito, Tiburon, Tomales, Point
Reyes Station, or Ross), probate hearings will be held in the Marin County Superior Court, and
the executor can hire a Marin County probate attorney to attend hearings and take on some of the
legal responsibilities involved in managing the estate during probate.
The executor of a will is responsible for managing the estate while it is in probate. This includes
taking inventory of assets held in the estate, and having these assets appraised. They must also
file documents in probate court, attend several probate hearings, and ensure that any debts and
taxes owing are paid. This can be a time-consuming and complex business, particularly if the
estate is a large one. Fortunately, all of these tasks can be delegated to a probate attorney.
A Marin County probate attorney will begin the process by filing a probate petition at the Marin
County Superior Court. Following this, a series of probate hearings are scheduled, at which all
the tasks relating to probate are finalized. While probate is in process, debts and taxes owing are
calculated, and these are paid from the estate. If necessary, assets may be sold to cover these
debts.
Throughout the process, it is important that the deadlines associated with probate are met, as
failure to meet any deadlines delays the completion of probate. If an experienced probate
attorney is involved, this is not a problem-a good attorney will be knowledgeable about the
probate process, and will take care to ensure that all deadlines are met.
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