Tustin Probate Administration
In the aftermath of a loved one’s death, there’s a never-ending list of things to do—and you’re expected to tackle it all while navigating your own grief. Working through the probate process, understanding your loved one’s estate documents, and settling an estate are all major tasks. To add to the pressure, mishandling an estate or the probate process could put you at legal risk. For that reason, many people choose Tustin probate administration attorneys to support them through this difficult time.
At Modern Wealth Law, APLC, we have spent over two decades helping grieving families and loved ones handle the complex task of settling an estate. Attorneys Tiffany K. Chiu and John L. Wong bring a substantial body of experience to the table, giving them the knowledge and expertise needed to handle even the most complex estates in Tustin.
Conveniently located at 2600 Michelson Drive in Suite 950 in Irvine, Modern Wealth Law is easy. We are conveniently located across the street from Central Park West Irvine. If you’re coming from the freeway, we are only a few minutes away from I-405 and California State Route 55. Set up a time to talk about your next steps with our probate administration lawyers by calling 949-371-5003.
Recent Review:
“Smooth process. Very professional yet warm and inviting! From start to finish, the team was very proactive in facilitating the entire process. Questions were answered in a timely manner, and Tiffany helped us feel at ease the entire time since preparing legal documents can be overwhelming! I highly recommend Modern Wealth Law.”
Preparing for Probate
Knowing what to expect from probate can make the process less overwhelming—but even with proper preparation, probate can be time-consuming and detail-oriented. Essentially, probate is the process of paying any debts owed by the decedent, finding and valuing assets, verifying the validity of any will that exists, and ensuring that remaining assets are properly distributed to beneficiaries.
If you are named the executor or administrator of an estate, you’ll initially work to find out if probate is necessary. If the estate is small enough or if the assets included in it do not need to go through probate, you may be able to bypass it entirely. For example, assets held in a trust, accounts with a named beneficiary, and assets held in joint tenancy do not need to go through the probate process.
Determining How to Distribute Assets
This depends largely on whether the decedent passed with or without a valid will. If someone passes away without a valid will, they are said to have died intestate, and then their assets are distributed according to the laws in their state. Per California law, someone who passes away with a surviving spouse will have half of their community property go to them, as well as part of their separate property. The amount of separate property they receive depends on how many children the decedent had and others in the line of succession.
Even this part of the process can be overwhelming, which is why many executors and administrators start by talking to a probate administration lawyer. Whether the decedent has clear and accurate records of their assets and documents or you have to piece together their final wishes from what you can find, a probate administration law firm can help you protect yourself legally and fulfill your role as executor.
Handling Debts and Creditors
A significant part of the probate process involves alerting creditors to the decedent’s death and giving them a chance to file a claim against the estate. The administrator must notify all known creditors directly and publish a notice in the newspaper for any unknown creditors to come forward. They can make a claim up to one year after the decedent’s passing. Debts are then paid off in a specific order, starting with debts owed to the federal or state government and ending with unsecured debts. If any debt is left unpaid once the funds from the estate run out, the debt is written off.
Fair Distribution of Assets
Upon paying off any debts owed by the estate, and after obtaining the Court’s order, the personal representative or administrator can distribute assets as outlined in the will. If there is no will or if certain assets are not accounted for in the will, the laws of intestate succession apply. While awaiting distribution of assets, the personal representative of the estate is expected to protect and preserve the assets to maintain their value.
Issues That May Arise
On its own, the probate process is demanding, particularly for executors with other responsibilities. But once you consider the long list of issues that may delay probate or complicate the process, the demands on the administrator are even greater. Individuals may challenge the will, accuse the administrator of wrongdoing, claim that certain documentation or forms are inaccurate, or file creditor claims that are hard to verify. It may be impossible to locate certain assets, and beneficiaries listed in the decedent’s will may be untraceable or deceased.
With all of these risks in mind, working with a probate administration law firm can help you cover all of your bases while taking on this incredibly important task.
Choose Modern Wealth Law for Your Probate Administration Needs
Our team of experienced probate administration attorneys understand the emotional pain you’re feeling and the intense pressure that comes with being the administrator of an estate. We can help you through the complexities of your loved one’s estate in Tustin. Call us at 949-371-5003 or schedule an initial consultation online now.
