Probate Estate Administration
The firm assists executors and heirs from start to finish in probate administration.
If an estate is subject to probate, the firm, acting as probate counsel, will assist the executor file the necessary paperwork and comply with the often complicated rules required to process an estate through the probate courts. There may be procedural alternatives and short-cuts to consider, such as a spousal property petition, small value estate declaration and trust property petitions under Probate Code section 850, which can cut down on expense and save time.
Probate requires creditor notification and a 4 month claim period.
Legal counsel is especially needed when there are unresolved legal issues (such as heirship under the intestate succession laws), when the estate is insolvant (e.g., with distressed real estate as the only asset), or when a gift has been procured through undue influence (e.g., a care-taker under the presumption of undue influence ).