The Probate Process

A will contest can result in a significant delay in the distribution of a loved one's assets, and can also be expensive. The costs of a will contest are paid out of the estate, which may significantly deplete the available funds. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney today.

Although it can be difficult to talk about what will happen after you have passed away, those are critical conversations to have. At my firm – the Law Office of Barbara J. Dibble – I help clients throughout Fullerton and Orange County prepare wills, trusts and other estate planning documents to help them know what will happen with their assets after their death. Call 714-515-5126 for a free consultation.

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Whether you are a young single person, a newly married couple or an older individual, estate planning is crucial. I am attorney Barbara Dibble, and I help clients create an estate plan that is tailored to meet their needs. Call 714-515-5126 to learn more about your estate planning options.

After a person has passed away, there are a lot of things to think about. If you are responsible for probating your loved ones estate, working with an experienced lawyer can help properly handle your situation. Call 714-515-5126 to schedule a free consultation with an experienced California attorney.

Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures prescribed by each state for carrying out the process.

If you are the executor of an estate, contact an experienced probate attorney at Barbara J. Dibble, Attorney at Law in Fullerton, California to schedule a consultation with an experienced probate attorney who can help you identify and carry out your estate administration duties.

Probating the Estate

Despite the variation in state laws, probating the estate generally includes the following functions:

Petitioning the court to probate the will
Sending notice to creditors, beneficiaries and any other interested parties
Collecting, inventorying and appraising all estate assets
Collecting any payments, debts and income due to the estate
Paying any debts owed by the estate, including filing and paying local, state and federal taxes
Distributing any remaining assets to beneficiaries in accordance with the terms of the will

Small Estates

Most states have a fast-track or simplified probate process for smaller estates that meet certain qualifications. Normally, this process allows probating the estate before a court administrator rather than the probate court which can cut down on the time and cost of probate.

Disadvantages of Probate

Time and expense: Probating an estate can be time-consuming, taking anywhere from 6 months to 2 years to complete. Contests to the validity of the will can increase the duration of the process. Probate also can be expensive, with any probate costs and fees coming out of the estate's funds.

Lack of privacy: Probate matters are part of the public record allowing anyone to find out the size, contents and beneficiaries of the estate. This lack of privacy can cause tension between family members.

Intestacy

If someone dies without a will or the probate court determines the will is invalid, that person is said to have died intestate. Each state has a set of default inheritance rules that apply in the absence of a will or other estate plan. These rules generally distribute property to the surviving spouse and children first followed by parents and other close family members. The only way to prevent the default rules from determining the distribution of assets is to have a valid will or trust in place before death.

Contact a Probate Attorney Today

An experienced probate and estate administration lawyer can help simplify the probate process for you. Contact Barbara J. Dibble, Attorney at Law in Fullerton, California for more information and to schedule a consultation.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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