Huntington Beach Probate Litigation Attorney

After the death of a loved one, you are often left with a wide range of duties to take care of regarding their estate. This can make the grieving process much more stressful than it already is. Because of all the complicated aspects that go into estate planning and implementing probate, it’s best to have an experienced probate attorney that you can count on to assist you through the process. That way, whether there are disagreements between family members, or you have an issue with how the state is implementing the probate process, you have a lawyer who can assist you through it all.

Kevin Rice, Attorneys At Law—Huntington Beach’s Probate Lawyers

Losing a loved one is already difficult enough. When it comes to probate, you need an attorney that you can trust to help you navigate through the process and ensure that your loved one’s wishes are followed. Here at Kevin Rice, Attorneys At Law, we understand just how complicated probate can be and are prepared to help you through it. With almost three decades of experience, we have assisted clients through every aspect of the estate planning and probate processes. Dedicated to providing compassionate services and care for each client, we can help you plan for your future, begin the probate process, distribute assets, and more.

What Is Probate?

Probate is the process of honoring the deceased’s final wishes after they pass away. In most cases, the deceased has left a will, a personal letter of intent, or some form of legal documentation detailing what they want to happen to their estate after their death. This documentation first must be validated by the court and then can be administered by their probate attorney. During this process, all debts are collected and paid off first. Then, the division of assets can begin. The duration of probate will depend mostly on the assets involved, but it can take anywhere from a year to several years to be fully completed.

How Does the Probate Process Work?

There are six main steps to the probate process in California:

1. Assessing the Estate, Liabilities, and Estate Plans
   The first step of the probate process is to assess the current estate being handled. This involves determining the value of all the deceased’s different belongings, properties, and other assets. During this step, it will also be determined if there were any liabilities the deceased left that must be taken care of before assets can be distributed. If any estate plans have been made, the assigned probate attorney can also assist you in organizing and assessing them.
2. Validating Estate Plans and Filing for Probate
   Once you have the estate plans of the deceased, the next step of the process is to file the correct documents with the state. If there was a will, then a copy of that, along with a petition for probate to begin, will have to be submitted to the court. Once the court approves the deceased’s wishes and validates the documents, then the process can officially begin.
3. Notify Creditors
   After the state has approved the probate process and the final wishes of the deceased, all creditors of the estate must be notified of their death. In California, creditors have one year to file claims for any unpaid debts that they wish to collect. After that year has passed, their statute of limitations expires, and they cannot try to file a claim.
4. Pay All Remaining Debts
   Before any assets can be distributed to their beneficiaries, all debts that remain must be taken care of first, as well as any taxes on the estate. Income and property taxes, as well as outstanding debts, must all be collected before the process can continue.
5. Distribute Assets
   Once all the correct documents have been approved, creditors have been notified, and debts and taxes have been paid, the probate lawyer can begin the process of distributing the assets that were left behind. This is most often done by following the will of the deceased. If there is no will, then the state law of intestate succession will be followed. In those cases, most of the assets are given to children, spouses, and parents of the deceased.
6. Close the Estate
   The final step of the process is to close the estate. After all assets have been properly distributed, your probate attorney can file a petition to close the estate permanently.

How Can a Probate Litigation Lawyer Help?

A probate litigation lawyer is experienced in both estate planning and probate law. Because of this, they can assist you and your family with estate planning services such as drafting wills and creating and administering trusts. They can also help you start the probate process after a loved one passes away. Your probate litigation lawyer will also oversee the distribution of assets according to the deceased’s final wishes and can help the process go as smoothly as possible. Most importantly, a probate litigation lawyer specializes in representing clients through disputes in the probate process. Whether you have an issue with the way assets were distributed or someone is disputing your benefits, a probate litigation lawyer can represent you so that you get what you deserve.

Huntington Beach Estate Planning and Probate Attorney

While the probate process can seem daunting, it is beneficial to the loved ones who are left behind in the long run. With the help of an experienced attorney, the process can be much less intimidating.

At Kevin Rice, Attorneys At Law, we are dedicated to helping our clients through tough times. We understand that planning for your future or going through the probate process can be complicated and emotional, which is why we offer high-quality, kindhearted support and legal services to those who need them. If you are about to go through probate or are dealing with a dispute in the process in Huntington Beach, don’t hesitate to see how the team at Kevin Rice, Attorneys At Law can help. For more information on how we may be able to assist you with estate planning or probate law, contact us today.