Mission Viejo Probate Attorney

MISSION VIEJO PROBATE LAWYER

When someone passes away, the money, assets, and other belongings that they leave behind must go through what is known as probate. Probate is the legal process that involves evaluating and administering the deceased’s estate. The laws regarding how probate works vary from state to state. They can be especially difficult to understand if you do not have experience with them here in California. Therefore, it is critical to find a qualified probate attorney. They can assist you through the process while you deal with the loss of a loved one.

MISSION VIEJO ESTATE PLANNING AND PROBATE ASSISTANCE

Losing someone close to you is already overwhelming enough. It is even worse when you must deal with the complex legal matters that come along with administering their estate. At the Law Office of Christopher P. Walker, P.C., we understand how challenging it can be to grieve someone you love while simultaneously trying to handle the probate process. That is why we offer estate planning services for families and individuals across southern California. Our firm has almost three decades of experience practicing estate planning and probate law. We are committed to guiding you through difficult times. If you are looking for an experienced attorney who can help you navigate the probate process in Mission Viejo, the Law Office of Christopher P. Walker, P.C., is prepared to assist you today.

What Is Probate?

Probate is a legal process that evaluates, validates, and administers the estate that is left by an individual who passes away. It involves a variety of legal measures, including:

  • Identifying and validating any estate plan or will that was put in place by the deceased
  • Identifying the property, assets, and other parts of an estate
  • Assigning an executor of the estate (most often appointed by the deceased in their estate plan)
  • Paying all remaining debts and estate taxes
  • Evaluating and appraising different elements of the estate
  • Settling any disputes involving finances or property
  • Collecting rights to the income of the deceased
  • Notifying beneficiaries of their status
  • Administering the estate according to the will or state inheritance laws

HOW DOES PROBATE WORK IN CALIFORNIA?

The probate process can differ depending on the circumstances surrounding the decedent’s estate plan. However, it will generally follow these steps when going through probate in Mission Viejo, California:

  1. File Petition for Probate
    After your loved one passes, you must file a petition with the local court in the county where they were residing. This will notify the court of their death and initiate the probate process. Your petition will also give the court notice to schedule your first probate hearing.
  2. Notify Creditors and Beneficiaries
    Once probate has begun, a notice of your loved one’s death will be published in the local newspaper. This is mostly for the benefit of creditors and other debtors, in case they have not already received notice of the individual’s passing. During this time, the listed beneficiaries will also be notified, alerting them to their status as an heir to some part of the estate.
  3. Validate Will or Estate Plan
    After notices of your loved one’s death have been sent to the proper parties, the court must validate the estate plan that was left behind. This simply means that the court will look at the estate plan to ensure it was created according to state laws. This verifies that it was not, for example, forged or created because of coercion.
  4. Validate Will or Estate Plan
    After notices of your loved one’s death have been sent to the proper parties, the court must validate the estate plan that was left behind. This simply means that the court will look at the estate plan to ensure it was created according to state laws. This verifies that it was not, for example, forged or created because of coercion.
  5. Pay All Remaining Taxes and Debts
    Once the assets have been appraised, all remaining debt must be paid off from the estate. This could include federal and state estate taxes, debts from before the individual passed away, and more.
  1. Administer the Estate
    After all previous aspects have been properly handled, the administration of the estate can finally begin. The executor will distribute assets according to the deceased’s will. If there are any beneficiary disputes, they have the right to file a claim with the probate court.
  2. Close the Estate
    The final step of probate involves closing the estate. This can only happen once all assets have been distributed and debts have been paid. The executor will have to petition to close the estate with the local court. There, they will verify that all elements of the estate have been taken care of legally. If the court approves, the executor will be released from their position. The estate will then close.

HOW OUR PROBATE TEAM CAN HELP YOU

When facing probate, it is smart to find an attorney who can help you through the complex legal aspects that come along with it. At the Law Office of Christopher P. Walker, P.C., our team has represented countless clients through probate for decades. We can help you better understand the different state laws regarding probate. Our firm can also represent you through the process to ensure everything is handled properly. With our experience in probate, in addition to our vast knowledge of estate planning law, our staff can guide you through legal proceedings and provide support along the way.

CONTACT A MISSION VIEJO PROBATE ATTORNEY TODAY

Losing someone close to you is already difficult enough. When it comes time to go through probate while grieving, it is vital to find an attorney who can help you through the process. At the Law Office of Christopher P. Walker, P.C., we are devoted to assisting our clients through the important legal stages of probate. We can work to make it go as smoothly as possible. Whether you were named the executor of an estate, or you are involved in a dispute, our team is ready to help you.

To learn more about our estate planning and probate services, or to schedule a meeting, contact us today.

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