Probating a Will
What is the process for probating a will?
Probating a will is a complicated and time consuming process that seeks
to settle all legal and financial matters after the death of an individual. The
probate administration process itself may be smooth, or can take years before final resolution,
depending on how well the deceased individual had prepared a will, managed
their assets or controlled their debt. Even in cases where probate goes
smoothly, the process itself is intensive, and requires a great deal of
energy from the court to properly assess. Be sure to hire a professional
San Jose estate planning lawyer who is familiar with probate administration
if you are interested in seeking support through this complicated process.
The first step to probating a will occurs when the executor is named in
the will. If there is no will, then the court may provide a list of acceptable
executors. A petition must then be filed with the court along with the
will, and all heirs and relatives will be notified of the hearing. Anyone
may contest the validity of the will or even the petition, and these matters
may be resolved at the hearing. Once the petition is accepted by the court,
the executor must take inventory of all assets associated with the estate
as well as resolve outstanding financial debts in terms of tax returns,
creditors and others. When all of the steps have been met, then the executor
may carry out the terms of the will, or act in accordance with the findings
of the court regarding who shall receive which assets.
Dependable Probate Support in San Jose
If you are entering into probate administration proceedings due to the
death of a loved one, and you have a legal right to receive certain assets
either as instructed in a will or through other means, then you will find
a distinct advantage in hiring an expert estate planning lawyer with
WealthPLAN. The firm has nearly 30 years of experience in probate and consistently
provides clients with successful outcomes. They understand the probate
process very well and will work toward the best interest of their clients
Contact a San Jose estate planning lawyer
if a loved one has recently passed away and you are preparing to enter
into probate administration.