A probate lawyer is classified as a licensed attorney who guides the beneficiaries of a deceased person’s estate in managing their pending affairs.
The process involves dealing with the estate tasks like settling the debts or distributing the assets and personal belongings of the person who died. The requirement of probate depends not just on the type of property, but also what the state laws are.
Such a complex procedure further relies on whether or not the deceased had a will. Here is a brief account of both the cases presented:
When there is a will
If a person dies after leaving a will behind, then probate is required to implement the provisions according to the designated will. In such situations, difficulties may arise depending upon the authenticity of the will, also resulting in possible litigation.
An executor in the deceased's will is required to perform certain duties in order to safeguard the estate. Some of these duties include:
Taking control of the deceased person’s assets
Applying for a grant of probate
Payment of the debts of the deceased
Distributing the estate to the beneficiaries as per the will
When there is no will
A probate process can also take place when a person dies without a will and possesses a property that needs to be distributed. The funds must be passed on to the person legally entitled to them and the absence of a will makes this more difficult.
If you are a relative, a close friend or a person legally entitled to the will, you have the right to apply to the Supreme Court for letters of administration to distribute the deceased's estate where:
There is no will
There is a will but the executor named in the will is not there
The executor in the will is unable or unwilling to act
Our Living Trust Attorney Long Beach guides the executor of will through such complex probate processes. From identifying estate assets and beneficiaries to distributing them fairly, a lot of tasks are performed by our Probate Attorney Long Beach.
Contact our professionals today only to know more.