“He who inherits a hill must climb it.” ~ Spanish Proverb
What is Probate?
Probate is a court driven process of administering an Estate after someone dies. The court appoints someone to administer the estate. This person has many duties, such as:
- Collecting and managing assets that are subject to probate (such as homes, bank accounts, life insurance, interests in a business, etc…)
- Giving notice to the interested parties (such as required family members, creditors, the Department of Health, etc…)
- Handling debts and taxes owed by the decedent
- Selling assets when necessary or appropriate, and
- Distributing the remaining balance of the assets.
When is Probate necessary?
Typically, probate is necessary when:
- there is not a will
- there is just a will and no trust
- there is a trust, but some of the assets, such as a home or bank accounts were not in a trust and did not have beneficiaries listed
How does Probate Work?
There are certain rules that the Court uses when administering the Estate. During the Probate process, these rules need to be followed in order to successfully Administer the Estate. An attorney who has experience in Probate is familiar with the court system. They can help the Administrator navigate their way through the Probate Process and assist them with their duties as the Administrator.
Why do I need a lawyer?
The courts have required filings, deadlines and notices. An attorney that is experienced in navigating the court system and the requirements of probate can make the process run smoothly and timely. Without an Attorney, probate can unnecessarily be delayed or dismissed.
Why is The Swenson Law Firm a good Choice?
The Swenson Law Firm is experienced in probate matters. They have systems in place that can get you through the probate process in a timely manner. It is important to like your Attorney, as you will be working with them throughout the course of Probate. The Swenson Law Firm has a 5 Star Rating on Yelp; 5 Star Rating with Google reviews, was voted Best of Orangevale 3 years in a row, and is an accredited A+ Business with the Better Business Bureau.
How much does an Attorney for Probate Cost?
Probate consultations are free of charge at The Swenson Law Firm. After the first meeting an Engagement Letter is sent to your home, so you can make the decision outside of our office. Attorney fees are paid according to a statutory fee schedule and are normally paid at the end of Administration. There are some court filing fees, as well
What can I do now?
Make an appointment with an attorney experienced in Probate Law. You also may want to read this article, The First Steps in Probate.