Probate in California - Tulare Probate Lawyer
Probate is a legal procedure used to finalize a person's financial and legal affairs after they die.
This process can be an exceptionally lengthy one-it can take anywhere from 30 days to several
years to complete the probate process depending on the size and complexity of the deceased's
estate. The average probate procedure lasts from six to twelve months.
In Tulare County, including but not limited to Tulare, Visalia, Porterville, Miramonte, Terma
Bella and Woodlake, as in the rest of California, estates valued at $100,000 or more must be
probated. This amount includes any assets owned solely by the deceased-it does not, for
example, include any jointly-owned assets or assets held by a trust.
Probate proceedings are conducted in the Superior Court of the county the decedent lived in.
That means that you'll need a probate attorney experienced with Tulare County rules if the
decedent lived in that area. While in some situations is it possible for an executor to represent
themselves in probate court, it's generally not advised-it can be a very lengthy and complicated
process, and professional legal help is almost always needed.
A will typically specifies an executor for an estate. This person is responsible for preparing the
estate for probate, and distributing the assets after probate is completed. The executor is often
also responsible for hiring a probate attorney.
What does a Tulare Probate Lawyer do?
The executor of the will has several responsibilities, including filing documents pertaining to the
will, filing an inventory of the deceased's estate, having the estate appraised, paying debts and
taxes, and distributing the assets of the will. Getting all of these details taken care of quickly and
competently requires a probate attorney.
If the deceased lived in Tulare or Visalia, a Tulare County probate attorney will begin the probate
procedure by filing a petition for probate at the Tulare County Superior Court. The petition
includes details about the deceased, the executor of the will, the heirs named in it, and the assets
contained in the will.
Once probate is in motion, the probate attorney is responsible for attending hearings and ensuring
that all details are taken care of. During the probate procedure creditors of the deceased can
make claims for payment, and the total amount of taxes owing is calculated.
In addition, the probate process has several deadlines which must be met. Missing a deadline or
making a mistake in filing documents means the process is delayed until a new hearing can be
arranged, and these delays can make the probate process drag out for much longer than it needs
to. Hiring a Tulare County probate attorney familiar with Tulare County local county rules
ensures none of these delays and mistakes occur, and will speed up the probate process and make
it run much more smoothly.
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