The California Probate Process
When a family member or loved one dies, his or her estate may need to be "probated". During probate, the estate is transferred from the "decedent" to the heirs or beneficiaries. Probate can be a routine or complicated process, depending on the nature and extent of the decedent's wealth and assets, as well as the relationships among the parties claiming a share of the estate.
If there is a disputed will or disagreement between heirs and beneficiaries, a litigated contest may be necessary to determine the proper distribution of the estate or the validity of the will. In any probate situation, most people find that it is necessary and advantageous to retain experienced legal counsel to assist in the process.
The law office of Darrel C. Horsted, located in San Francisco, California, represents heirs, beneficiaries, estate representatives, and other interested parties in the estate of the deceased and assists the estate administrator throughout the probate process, as well as parties to will contests. His practice handles disputes between family members and the distribution of property to beneficiaries. For more than 32 years, attorney Horsted has advised clients about the probate process.
Steps of Probate
Probating a will requires strict compliance with both State law and local Court procedure. A probate lawyer assists, guides, and advises you through every step of the process. The following are some typical steps of probate:
- After your family member or loved one dies, a petition is filed, opening the estate
- An inventory of the estate property is prepared
- The estate's creditors are notified so they can file claims to collect outstanding debts
- The court orders the transfer of the estate's property to the rightful beneficiaries
The majority of probate proceedings involve peaceful transfers of property to family members or according to the decedent's wishes, as stated in the will.
Probate Litigation
Some probate proceedings involve competing claims of inheritance or contested wills, usually based on allegations of wrongdoing, such as fraud or undue influence at the time the will was signed. However, a will may be vague and unclear, and if there are disagreements about its provisions and gifts, probate litigation is required to settle these disputes. Probate also insures that rightful parties receive their shares of the estate, guarantees valid title to the estate's real property, and resolves and satisfies all disputed claims, including those of creditors.
For more information about the probate process, contact attorney Darrel C. Horsted for a free initial consultation. Clients from all over northern California come to him for advice, including from the cities of Oakland, Walnut Creek, San Jose, and Santa Cruz.
Darrel C. Horsted, Attorney at Law
Bank of the West Building
180 Montgomery Street, Suite 940
San Francisco, CA 94104-4223
Phone: (415) 986-1338
Fax: (415) 986-1231
Darrel C. Horsted, Attorney at Law represents clients throughout the San Francisco, California, bay area including Daly City, the East Bay, Oakland, Alameda, Fairfield, Hayward, Livermore, Vallejo, Vacaville, Walnut Creek, Brentwood, Concord, Antioch, the South Bay, San Jose, Santa Cruz, Milpitas, Campbell, Sunnyvale, Chico, Napa, Richmond, Redwood City, Redding, Ukiah, Lodi, Fremont, Sausalito, Novato, and San Francisco, San Mateo, Contra Costa, Los Angeles, Orange, San Bernardino, San Diego, Marin, Napa, and Alameda Counties.