Probate Lawyer – Do I need a lawyer to probate a Decedent’s Estate?
This is one of the most discussed issues that occur when someone passes away.
One of the Bar Association publications states: “As a practical matter, it is very difficult for a non-lawyer to adhere to the required procedures in administering an estate without the assistance of an attorney”.
- This obviously sounds like a very self-serving statement.
- Having helped many Estates over the years to navigate the complex and sometimes tricky Probate process, however, our legal professionals state with a reasonable degree of certainty that in most cases you will need a lawyer to assist you, especially if you have contested probate.
There comes a time in almost all of our lives when a Probate Lawyer will be necessary. Probate is the legal process that takes place after someone dies. It includes:
- proving to the court that the deceased will is valid and in legal order.
- Identifying all of the deceased property and creating an inventory.
- Appraising the property.
- Paying any outstanding debts and/or taxes.
- Distribution of the property according to the will (or according to State Law if there is no will).
The Probate process also appoints an executor of the estate of the deceased who is tasked with distributing the assets to the beneficiaries.
Orange County Probate Lawyer
If you reside in Orange County, CA, a Probate Lawyer in Orange County, can provide assistance following local rules and can explain all the legalities involved in the probate process.
There may also be issues pertaining to the validity of the will if only a copy is found and not the original. Orange County Probate Lawyer will probate the will if only a copy is found to determine if, in fact, it was the last will drawn up by the deceased and not an earlier one. The courts will then appoint an executor to administer the will and distribute the assets to beneficiaries. If you have any qualms about the last will and testament left by the deceased or about the probate process a Probate Lawyer can be your valuable ally in such difficult times.
There are some instances when the Probate process can be skirted. Such instances include:
- Estate taxes on property held in trust
- An item declared as ‘payable on death
- Life policies that name a beneficiary
- Investment and bank accounts that name a beneficiary
- Property or assets jointly owned with right of survivorship
- Contractually owed amounts within the estate
- Retirement policies that name a beneficiary
Beneficiaries always have the right to challenge any section of the probate administration.
Probate Lawyer can address such issues as validating the identity of beneficiaries and their right to inherit property. Occasionally a paternity test may be administered to beneficiaries named in the will.
If you are looking for an experienced probate lawyer in Orange County you are in the right place. Our legal professionals’ years of expertise aid you through the probate process. You can rest assured that you will be dealt with efficiently and professionally. A death in the family is always traumatic and extremely stressful and then having to deal with the will of the deceased makes it even more traumatic. To avoid additional stress and potentially emotionally damaging issues you would be well advised to contact a probate lawyer and let her alleviate some of your stress in this most difficult time. Contact Probate Lawyer Orange County and know that you will have peace of mind as the probate process is in the hands of a sympathetic and professional lawyer. One less issue for you to deal with so call them today.
Another important point is sometimes the process of probate is overlapping with family law matters. For example, if someone passed away and ex-spouse found out that some of the community’s real properties were not disclosed during the divorce, the post-judgment family law must be filed with the family court simultaneously with the probate process. Our legal team has family Law attorneys as well as probate professionals.