When a person passes away, their assets must be disbursed in a manner consistent with California state laws and directions outlined in a will when they were alive. A probate lawyer guides the executor of the will through the probate process, from identifying estate assets and beneficiaries to distributing assets and inheritances, and more.
Probate Attorney: When Do You Need One?
Not every executor needs a probate attorney. Here’s what to ask yourself:
- Can the deceased person’s assets be transferred outside of probate?
- Does the estate qualify for California’s simple “Small Estate” probate procedure?
- Are family members getting along?
- If probate is necessary, is California’s probate process relatively straightforward?
- Does the state contain complicated assets?
- Is there enough money in the estate to pay debts?
- Is the estate too small to owe state or federal estate tax?
If the answer to any of these is yes, you probably need a probate lawyer. Only a licensed lawyer can appear in court on your behalf.
What a Probate Lawyer Does
- Files the probate petition to appoint someone as the personal representative.
- Handles all required proceedings in court
- Advises a personal representative (executor) regarding their duties and makes sure those duties are carried out
- Files or defends a contested will
- Deals with creditors’ claims
- Provides notice to creditors, heirs, beneficiaries, and others entitled to receive notice of the probate.
- Asks the court for an order authorizing and directing the executor to distribute the property according to the terms of the will
- Handles other non-probate issues which arise
- One primary task that must be done is preparing and filing a full and final account of what that executor has done during his term as personal representative. This includes information about bank accounts and deposits, amounts received, bills paid, dispositions of stocks and bonds, including gains and losses on sales, sales of securities, and receipts of dividends or losses on the sales.
Protecting the Executor
The accounting aspects of probate can be quite complicated and contentious among heirs. Probate lawyers often hire accounting firms to file reports on all monetary details involved in the probate. After review by the probate attorney, the report is distributed to heirs, giving them a clear and indisputable account of what they are entitled to as beneficiaries.
Probate paperwork alone can be daunting for someone unfamiliar with the legal system. Hiring a probate lawyer relieves the stress of having to deal with issues beyond your knowledge. If you must go to probate, you’ll have the confidence of having a professional who understands the legal process on your side.
Let’s Talk about Probate
For more than 30 years, The Law Offices of Michael K. Lanning, APLC, has helped clients negotiate the legal world of probate. Our expert attorneys are here to guide you through the probate process. Contact us at 310-820-1600 or go to our website to learn more and set up a consultation.
We serve West Los Angeles, Santa Monica, Pacific Palisades, Manhattan Beach, and the surrounding Los Angeles communities.
The Law Offices of Michael K. Lanning, APLC
11777 San Vicente Blvd.
Suite 750
Los Angeles, California, 90049
