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Probate is a court supervised process of transferring legal title of a deceased one's property from his or her estate to beneficiaries. Probating a Will is often a lengthy and complex process involving creditor claims, researching the decedent's debts, addressing complex will disputes and filing court pleadings within strict time frames. If a person dies without a Will or Living Trust, there are strict statutory code protocols that heirs need to follow when distributing ones' possessions. James O'Brien's knowledge and experience in the probate process allows him to smoothly navigate his clients through all the steps of timely and properly probating a will.
Probate Time Frame
California law requires a personal representative to be appointed by the court to take responsibility for the probate process. The personal representative must complete probate within a one year statutory time frame from the date of appointment unless he or she files estate tax forms. If estate tax forms are filed the personal representative has 18 months to complete probate.
A personal representative often has many time sensitive legal hurdles to overcome when attempting to shepherd a loved one's estate through the probate process. If there is a valid Will, the probate process usually includes the following steps:
If one dies intestate (without a Will or Trust), the heirs need to petition the court for the proper apportionment of the decedent's estate. Family members will have to address similar probate legal issues when winding up a deceased relative's intestate estate in addition to statutory requirements unique to intestate proceedings.
Mr. O'Brien will work with you and efficiently attack these probate steps and avoid costly probate mistakes that often cannot be unraveled. Contact him to schedule a free initial consultation.
For a free consultation contact Jim at:
Phone: (415) 954-7131
Mobile: (415) 513-7942
Fax: (415) 523-9420