Simple Steps To Understand The Probate Process

Probate is a legal term that comes up when dealing with administering an estate. You’ll find that this is in fact something that many people deal with and could end up in a complicated mess. This has everything to do with settling debts after someone has passed on. Whomever is named in a last will and testament may have to deal with probate issues in court. There are some steps to consider in this process that could alleviate the tension a bit.

Filing Petitions 

First and foremost a petition has to be filed from the heirs and any beneficiaries that are named in the will. The petition has to name an executor or administrator of the estate that has been left behind. This petition gets published publicly through newspapers, etc. Creditors that are owed money by the decedent will be notified here.

Court Appointments

There will be a court appointment issued when the petition is filed. Once that is in place representatives of the decedent will have to notify all creditors to look at the estate and take inventory. Claims will then be made on inventory. If values of assets cannot be done an appraiser will need to be called into look for non-cash elements.

Figuring Out Legitimacy

The representative of the estate will have to look to see what debts are in fact valid, and which ones will be paid from the estate. This includes having to decide what to sell, liquefy, and move forward with final bills. These all have to be paid from the estate itself.

Distributing Leftover Assets

After bills have been paid, creditors are satisfied, and the estate is left alone, the main representative will petition the court once again and ask for permission to distribute assets according to the last will of the decedent. From there paperwork is written up and financial non-cash assets and more will be distributed to the beneficiaries overall.

The above is a simplified probate process. Of course there is more to this than mentioned above but to get a picture of what many are dealing with, you can refer to the steps mentioned above. When in doubt it’s best to hire an attorney that can deal with the paperwork and other issues that abound within the confines of probate court dealings, petitions, and beyond. It’s difficult to do this alone but it is not impossible either.

Orange County Probate Attorneys at Gokal Law

Fighting Through Grief

When a loved one loses their life as a result of another persons negligent, irresponsible, or criminal behavior the initial news is nearly unbearable. It is the days and weeks that follow such a death however that really take a toll on those left behind. Making funeral plans, consoling family members, tying up the deceased's loose ends, and dealing with wills and trusts compound the grieving process. Of course all this must be dealt with while knowing that death occurred only because of somebody's negligent or irresponsible behavior.

The Benefits of Litigation

The days and weeks following the death of a loved one are fraught with grief and mourning though it's often in the best interest of those left behind to, at the very least, consider pursuing legal action against those responsible for the death of their loved one. It may initially seem as though litigation is just one more thing a grieving family doesn't need or that it might complicate the grieving process but more often than not doing so brings a certain peace to families. When responsible persons or entities are held accountable for their behavior it brings a sense of justice to families which actually helps them move forward. Moreover the compensation that often accompanies a judgment can help families cover funeral costs as well as the damages caused by the pain and suffering associated with a death.

Pro Bono

Many grieving families believe the costs associated with pursuing a wrongful death case to be far to great. While it is true that such action can be very expensive there are always wrongful death attorneys that will take cases pro bono. This means that they'll work for with a family for no costs up front. In rare cases these attorneys work entirely for free though in most scenarios they usually work something out with families that allows them to take a percentage of the compensation they are awarded. Even if you believe you can't afford to pursue a wrongful death speaking with an attorney is well worth the little effort it requires.

Probate Attorney in Orange County