Probate in California - San Joaquin County Probate Lawyer
Probate is the legal process by which a deceased person's estate is evaluated, mainly to determine
whether or not various types of taxes must be paid from the proceeds of the estate. During this
time, most of the estate assets are "frozen" and cannot be used. In California, probate typically
lasts six to twelve months, after which the assets of the estate can be distributed to its heirs. For
very large estates which must pay federal estate taxes, probate can take up to two years to
complete.
Probate is undertaken in a series of Superior Court hearings in which details of the estate are filed
and examined to determine whether these taxes are due, and in what amounts. In addition, any
creditors of the deceased can come forward and claim payment. This second point is typically the
main reason why probate takes several months to complete, as creditors have up to four months
in which to come forward and make a claim.
The executor of an estate, either named in the deceased's will or assigned by the probate court,
has the task of managing the estate while it is in probate, and also of taking care of a host of
other tasks and details relating to probate. These tasks can be contracted out to a probate
attorney-this is generally advised for most situations, as probate can be a complicated process.
According to the California Probate Code, probate hearings are held at the Superior Court of the
county in which the deceased lived in this case San Joaquin County.
Why would I need a San Joaquin County probate attorney?
In addition to the responsibilities outlined above, the executor-or the probate attorney they
hire-has several other duties during the probate process. They must file petitions with the San
Joaquin County Superior Court to both begin and end the probate process. While probate is in
progress, they must monitor several probate hearings, file a large number of documents with the
court, arrange an inventory and appraisal of the estate, arrange for debts and taxes to be
calculated and paid, and locate any heirs of the deceased that are named in the will.
In addition, all of these tasks and any others associated with probate and the estate must be
completed according to the probate schedule. Missing a deadline, filing the wrong document, or
making errors of any kind can delay the completion of probate. Hiring a probate attorney is the
best way of avoiding these kinds of issues, and of ensuring that probate is completed quickly.
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