Probate is the process that is known as the probate court’s administration of a deceased person’s will. The probate court will ensure that all debts are paid and the assets are distributed as the terms of the will dictated. It is always best if the person leaves a will because the task of a probate lawyer is easier and it is easier for the court as well. More importantly, the assets will go where they were intended to go.
When people die without a will, the probate court will ensure that the decedent’s estate is distributed according to probate law. This means that a surviving spouse will not get all of the marital assets because they will be divided between her and the children or other family members. Law Offices of Mitchell S. Ostwald will attempt to get the spouse’s rightful share of the assets awarded by the court.
Either with or without a will, the estate cannot be closed until a claim period has passed. This means a period of time for people or businesses to come forward and allege that the decedent owed them money. The representative of the estate is required to post a public notice of how claims can be made against the estate
This period of time allows relatives who are dissatisfied with distribution of the assets to petition the probate court for a reconsideration of the intent of the will and award assets to the person or persons who are contesting the will. This is a time when the Probate Attorney in Sacramento is needed. It is his task to defend the will in any court hearing and attempt to convince the probate judge that the allegation is irrelevant and should be denied. This is often one of the most important roles of a probate attorney. This is a highly emotionally charged time and particularly so if there was an acrimonious relationship with the decedent. Families often find death to be a time to quarrel.
The Probate Attorney in Sacramento will ask for the estate to be closed when all reports are filed and all claims have been satisfied. The probate judge will order the estate closed if the probate lawyer and the personal representative have completed their tasks.
