Probate Administration
Probate Administration
Serving as a probate executor comes with significant legal and financial responsibilities.
Consulting an attorney can help you avoid costly mistakes and ensure that you fulfill your duties properly.
Here are key reasons to seek legal advice:
Understanding Your Legal Duties
Executors are fiduciaries, meaning they must act in the best interests of the estate and its beneficiaries. An attorney can explain your obligations and help you stay compliant.
Navigating the Probate Process
Probate involves many legal steps, including filing documents with the court, notifying heirs and creditors, and following strict timelines. A lawyer helps ensure you follow the correct procedures under California probate law.
Managing and Valuing Assets
Determining what assets are part of the probate estate and assigning proper values can be complex. Legal advice helps you inventory and appraise assets accurately and in accordance with legal standards.
Handling Debts and Claims
Executors must properly identify, verify, and pay valid debts and expenses of the estate. A lawyer can help you evaluate claims and avoid paying fraudulent or time-barred debts.
Minimizing Personal Liability
Executors can be held personally liable for errors such as mismanaging assets, failing to pay taxes, or distributing assets incorrectly. Legal guidance helps you protect yourself from liability.
Filing Taxes
You may need to file final income tax returns, estate tax returns, and possibly fiduciary income tax returns. An attorney (often in coordination with a CPA) can help you comply with tax requirements and deadlines.
Resolving Disputes
Family disputes or disagreements among beneficiaries are common. Legal advice can help you manage or mediate conflicts and avoid litigation.
Distributing the Estate Properly
An attorney ensures that the final distribution of assets is made according to the will or intestate laws, and that proper documentation and court approvals (if required) are obtained.
Navigating probate can be complex, overwhelming, and time-sensitive. If you’re handling the estate of a loved one, you don’t have to face it alone. Our experienced probate attorneys at Greerty Law Group are here to guide you through every step—ensuring the process is handled efficiently, accurately, and with compassion.
From validating wills to managing creditor claims and distributing assets, we’ll help protect the estate and minimize delays or costly mistakes. Don’t let probate challenges add unnecessary stress during an already difficult time.
Contact Greerty Law Group now for a free consultation.
Let us help you settle the estate with confidence and care.
FAQs
How long does the probate process take in California?
The average probate case in California takes 9 to 18 months from start to finish. Complex cases involving disputes, real estate, or multiple beneficiaries can take longer. Timelines depend on the court’s calendar, how quickly required documents are filed, and whether any objections or creditor claims arise.
How much does probate cost?
Probate fees in California are set by statute and are based on the gross value of the estate (not the net value). Both the executor and the attorney are entitled to these fees. For example, an estate valued at $500,000 would result in statutory fees of $13,000 for the executor and $13,000 for the attorney, not including court costs, publication fees, or appraisals.
What does the executor (or administrator) have to do?
The executor (if named in a will) or administrator (if appointed by the court) is responsible for managing the estate.
This includes:
Filing the will and opening probate
Notifying heirs and creditors
Gathering and valuing assets
Paying debts, taxes, and expenses
Filing required court documents
Distributing assets to beneficiaries
Executors are held to a fiduciary duty, meaning they must act in the best interests of the estate and its beneficiaries..
