The Value of a Probate Attorney

Most of us hear about probate but seldom give it much thought until an unfortunate circumstance arises.

A simple definition of the probate process is the administration of the decedent’s will. Key to this is the distribution of the decedent’s assets. It requires notifying all the heirs, creditors, as well as the state and federal taxing agencies. The person administering the will is the executor. One of the first actions of the executor is bringing the will to the attention of the court. If there's no will or if a will is found to be invalid, the probate court will proceed as an intestate estate.

Before you get to court, you want to have an experienced probate attorney. Otherwise, you alone are dealing with all the legal issues as well as all the heirs, creditors, and tax authorities. Each state has its own probate laws. A relative who practices criminal law in Oklahoma, for example, won’t be much help with a probate court in California. Your first choice needs to be a probate attorney in Los Angeles.

California Probate Process

The validity of the will must first be established. Only then can the executor distribute the property to its rightful owners. In order to show the validity of a will, it must first pass through the probate process. Probate results in a legal document granted by the court.

There can be challenges to the will. Someone not listed as an heir might question the validity of the will. Even an heir listed in the will can question validity. People claiming to be creditors also create challenges. But not all challenges succeed. There are limits.

Settle Disputes with the Help of a Qualified Probate Attorney

As you may already know, probate disputes do happen. There might be assets not covered by the will. The will could have been drafted while the person’s mental health was in question. Even people listed in a previous version of the will can create challenges.

It's not always the executor who needs the professional services of a probate attorney. It could be that the executor has mismanaged the estate. There could be a claim the signature is the result of fraud such as misrepresenting the will as a medical authorization. A part of the decedents will may not be legal.

There are several possible outcomes when a will is disputed. The court could throw out the entire will. Assets might be distributed by the court according to intestacy laws. A previous version could replace it. Only part of the will might be found valid, leaving the court to interpret how the rest of the estate should be distributed.

Thus, it is in your best interest to consult with an experienced probate attorney in Los Angeles as soon as possible. You need someone that understands just how burdensome the probate process can be.

George Anderson is a freelance writer, blogger, and entrepreneur. I love reading, outdoor activities, traveling and staying current with new trends