Bay Area Probate Attorney
What is Probate?
Probate is the formal court process of passing the assets of a deceased person to his or her heirs. The probate process begins when a person files a petition in court for authority to administer the deceased person’s estate. The person filing the petition may be someone named as executor in the decedent’s will or it may be someone else. After the petition is filed, the person who filed the petition notifies the heirs of the court hearing date for appointment. The decedent’s creditors are also notified. The heirs and the creditors may then appear in court on the hearing date to contest the appointment if they desire. If no one contests, the appointment is usually granted. The person appointed is then referred to as the “personal representative” of the deceased person’s estate.
The personal representative makes an inventory of the estate's assets, locates additional creditors, pays bills, liquidates assets (if necessary), manages the estate’s assets, files any required tax returns and renders periodic accountings to the court as mandated by law. Once the executor has paid all creditors and completed his or her other duties of administration, he or she must file a petition with the court rendering a final accounting and asking the court for permission to distribute the estate’s remaining assets to the heirs. The distribution must be made in accordance with the deceased person’s will or according to California law if the deceased person failed to leave a will.
The Law Offices of Steven M. Simrin has been representing clients in probate courts throughout the State of California for more than 15 years. We represent executors and other individuals who want to be appointed personal representative of the deceased person’s estate. We represent these clients throughout the entire process from the initial appointment to the final distribution of assets. We also represent heirs and creditors who want to make sure their rights are protected in the probate process. When disputes arise among those involved in the process, we represent our clients in probate litigation.
Please call us today for a free telephone consultation if you, or someone you know, has questions or needs experienced assistance in the probate process.
Probate is the formal court process of passing the assets of a deceased person to his or her heirs. The probate process begins when a person files a petition in court for authority to administer the deceased person’s estate. The person filing the petition may be someone named as executor in the decedent’s will or it may be someone else. After the petition is filed, the person who filed the petition notifies the heirs of the court hearing date for appointment. The decedent’s creditors are also notified. The heirs and the creditors may then appear in court on the hearing date to contest the appointment if they desire. If no one contests, the appointment is usually granted. The person appointed is then referred to as the “personal representative” of the deceased person’s estate.
The personal representative makes an inventory of the estate's assets, locates additional creditors, pays bills, liquidates assets (if necessary), manages the estate’s assets, files any required tax returns and renders periodic accountings to the court as mandated by law. Once the executor has paid all creditors and completed his or her other duties of administration, he or she must file a petition with the court rendering a final accounting and asking the court for permission to distribute the estate’s remaining assets to the heirs. The distribution must be made in accordance with the deceased person’s will or according to California law if the deceased person failed to leave a will.
The Law Offices of Steven M. Simrin has been representing clients in probate courts throughout the State of California for more than 15 years. We represent executors and other individuals who want to be appointed personal representative of the deceased person’s estate. We represent these clients throughout the entire process from the initial appointment to the final distribution of assets. We also represent heirs and creditors who want to make sure their rights are protected in the probate process. When disputes arise among those involved in the process, we represent our clients in probate litigation.
Please call us today for a free telephone consultation if you, or someone you know, has questions or needs experienced assistance in the probate process.
