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, PC. Our firm has nearly 30 years of experience in probate and consistently provides clients with successful outcomes. We understand the probate process very well and will work toward the best interest of our clients wherever possible.
Contact a San Jose estate planning lawyer if a loved one has recently passed away and you are preparing to enter into probate administration. Call 408-918-9030.