Probate in California - San Luis Obispo Probate Lawyer

The process of probate can seem daunting to one who has never had to be subject to it before.
When you're already dealing with the emotional after effects of losing someone dear to you,
trying to deal with the complications of probate as well can be overwhelming. The help and
advice of a local San Luis Obispo probate attorney can be invaluable. The attorney can guide you
through the process of probate from the initiation through closing the estate. If you're uncertain
of how to proceed, or if you need assistance in determining whether the estate needs to go to
probate, a San Luis Obispo attorney is your best source of advice.

Probate is the process by which the property and assets left behind by a deceased person are
distributed to the beneficiaries. Before any properties can be distributed, the will must be proved
valid, and a person appointed to see to it that the instructions that the will contains are carried
out. In cases where the will is in question, or where there is no will, probate can be more complex,
but in general, probate proceeds according to the steps and schedule below.

Probate may be initiated by any interested party, though it is most commonly initiated by the
person named executor in the will. The process begins with the filing of a Petition for
appointment as administrator of the Estate. The petition must usually be filed within thirty days
of knowledge of death. In addition, any person who holds the Will of the deceased is obligated
to file the Will with the court clerk in the county where the decedent last resided within thirty
days of death.

Publication of Notice of Petition
By law, there must be a Notification of Petition published in an approved newspaper in the
county in which the petition is filed. The publication gives notice to any creditors and other
interested parties of the probate, and gives them a chance to file claims against the estate or an
opportunity to oppose the petition. In addition, all beneficiaries and possible heirs under law
must be notified and given a chance to oppose the will or appointment.

Initial Hearing
The court will set a date for an initial hearing. At that hearing, the court will generally admit the
Will into probate. If there is more than one Petition or other complications, the judge may set a
date for another hearing.

After the Petition is Approved
The Executor or Administrator may be required to post a bond equal to the amount of the estate
before acting on behalf of the estate. The administrator will be responsible for Inventory and
Appraisal, and settling any claims against the estate. Once the debts have been settled, the
administrator will see to the disposition of the assets as directed by the Will.

Can a San Luis Obispo Probate Attorney help me through this process?

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