Pasadena Probate Administration Lawyer

Losing a loved one in Pasadena, CA is a difficult and emotional time. You are grieving the loss of someone important to you and learning how to live in a new sense of normal. You are also often tasked with planning funeral services or following that individual’s wishes for the end of their life. Dealing with the legal system in addition to all of that can be overwhelming.

Many people have specific ideas of how they want their assets to be divided at the end of their life. If that is the case, they will likely place those assets in a will or a trust to ensure they are protected until they can be properly distributed. In some circumstances, however, an individual dies without these plans in place.

When that happens, as well as in other select circumstances, the courts are responsible for administering that individual’s estate. This process is called probate, and it can be complicated. An experienced probate administration attorney from Barry Law Group can guide you through the process and help handle the estate properly.

The Difference Between Wills, Trusts, and Probate

A person’s assets may include monetary assets, stocks, business holdings, or real estate. Some people choose to put a clearly established plan in place to be certain their final wishes are followed, and their assets are divided how they want them to be. These plans are most often written into a will or a trust.

A will or a trust is a legally binding document created by the deceased that clearly outlines how their assets are to be divided upon their death. There are several different types of wills, such as a living will that can be amended while the creator is still alive. Trusts are another way for assets to be protected — the trust can help specify specific family members or loved ones who should receive various assets upon an individual’s death. Creating a will or a trust is a way that many individuals choose to protect the things that are important to them and ensure their loved ones are taken care of.

Others either do not care to make those plans or do not have time before they die. When that happens, the court steps in and determines how that individual’s assets will be distributed. This is the probate administration process. This process can be difficult, time-consuming, and confusing. Working with an experienced probate administration attorney when a loved one passes away with no will or trust can help make sure any decisions regarding their assets are what they would have wanted.

Steps in the Probate Administration Process

The process of probate administration is very detailed and must be handled properly for the estate to be closed. It is important for the executor of an estate to follow several key steps for the probate process to be completed properly.

1. File a petition. This is when paperwork is filed asking for a personal representative, or executor, to be appointed by the courts. The executor is responsible for completing the probate process by paying all debts, cataloging all assets, and distributing any necessary assets. This person may be a family member, a creditor, or someone from the court system.
2. Assessment of assets. This is the process of compiling and cataloging all of the assets that are contained in the individual’s estate. Any outstanding debts that the deceased had must be accounted for, and any additional assets must be secured. This process can take a great deal of time and could create frustration for the executor.
3. File an accounting of the estate. There is a specific form that this accounting must adhere to, according to the courts. The accounting establishes the overall value of the estate at the beginning and end of the process. It must also be shared with anyone who has an interest in the estate once it is completed. Depending on the specifics of each case, this process may need to be repeated several times.
4. File a final account. Once all of the other steps have been completed, the personal representative is going to request permission to distribute all remaining assets to the proper parties. Someone with an interest in the estate may dispute this, which could lead to a trial if necessary. When that is complete, though, the estate can be settled.

This process is time-consuming and requires a great deal of attention and care. If it is handled incorrectly, it can lead to significant problems and headaches for those involved. An experienced Pasadena probate administration attorney can guide you through the process to make sure each step is completed properly with minimal disruptions. They can also assess the specifics of your case and suggest the most effective approach to each step of the process.

How a Pasadena Probate Administration Attorney Can Help

If you are unfamiliar with the legal system, it can be difficult to understand probate administration. It is important to have guidance when completing this process because you want to be certain your loved one’s assets are handled properly. An accomplished Pasadena probate attorney can help in several ways:

• Education. An attorney who has experience in the practice area of probate administration has dedicated years to learning and understanding the laws surrounding probate. They work to stay abreast of any changes in the law so they can advise their clients effectively. Their education can help them to understand and explain the complexities of your case as you complete the probate process.
• Experience. An accomplished probate administration attorney has worked with many clients who are in a situation very similar to yours. They have seen the most and least effective approaches. They can analyze the specifics of your loved one’s estate and determine the ideal process moving forward.
• Guidance. If you are unfamiliar with the legal system, having strong guidance can make the probate process easier to manage. An experienced probate attorney can walk you through each step of the process and help you understand everything. Their guidance and support can help you make decisions when it comes to your loved one’s assets.

Dealing with the loss of a loved one is always difficult, but it can be complicated further if you also have to navigate the legal probate system. Working with the experienced team at Barry Law Group can make the process easier and provide you with peace of mind as you settle your loved one’s estate.

FAQs About Pasadena, CA Probate Law

How Does a Probate Attorney Get Paid in CA?

In many cases, attorneys will charge either a flat rate or an hourly fee when working with clients. California, however, has a unique method of payment for probate attorneys. They collect what is called a statutory fee. This is a set percentage of the overall value of any assets included in the estate that is being executed. For estates up to $100,000, the fee is 4%, and it changes as the value of the estate goes up.

What Does a Probate Attorney Do in CA?

Probate attorneys in California provide counsel and guidance to families as they navigate the process of closing a loved one’s estate. A personal representative for the deceased, called an executor, is responsible for making sure any outstanding debts are paid, all assets are cataloged, and assets are given to the necessary parties. A Pasadena probate attorney can help the executor understand each step of the process and make the most effective, informed decisions.

Do You Need a Probate Attorney for Your Case?

You are not required to hire a probate attorney if a family member or loved one dies without a will. It can make the process much easier, however. Those who are not familiar with the laws or the overall probate process may find it difficult to complete the administration of an individual’s estate without help. If you do hire an experienced probate attorney, they can give the help, support, and resources necessary to make the process as smooth as possible.

What Are Some Tips for Hiring a Probate Attorney?

Ensuring a loved one’s estate is managed and distributed properly is an important process, especially if they did not have a will in place. An experienced probate administration attorney can help you through the process. When looking for a probate attorney, a few things that you should take into account are what areas of law they are familiar with, their education and knowledge of the field, and how many clients they have worked with successfully in the past.

Barry Law Group — Your Pasadena Probate and Trust Litigation Lawyers

If your family member or loved one passed away without all of their affairs in order, it can cause confusion, stress, and conflict. You want their assets to be divided and distributed fairly and how they would have wanted, but you are unsure of where to start. An accomplished probate administration attorney can help guide you through the process. With nearly 40 years of combined experience, the team at Barry Law Group is here to help. Contact us today for any probate administration needs.