As a Ventura County estate planning law firm specializing in probate, our firm commonly receives questions about the process of probate court. We are often contacted by individuals who have questions about the benefits of estate planning, and what the advantages are of working with an experienced probate attorney. We have a team of experts with the legal knowledge to answer questions about the process of probate, and what the benefits of proper estate planning can be.
Our firm can provide expert legal services as estate planning attorneys. We are a Southern California based law firm in business since 1985. We specialize in probate and estate planning matters. To learn more about probate, or if you would like a free consultation regarding probate law, please do not hesitate to contact us at (805) 482-2282, or e-mail us.
If I cannot avoid a Probate, what do I do?
You cannot get control of an asset and sell it or cash it in until the court issues the probate letters to you. If there is a will, someone named as executor has to step forward and petition the court to be named “executor”. If there is no will, California law decides who in the family gets the assets and gives priority to a spouse, or then children, or then some other family member to be named “administrator.” The person named as executor or administrator is called the “personal representative of the estate.” We will use the term executor but here it will also mean an administrator.
The executor cannot then distribute out the estate to the beneficiaries until at least four months have passed after the probate letters are issued and the judge then authorizes the executor to distribute the estate. Hence, our goal is to get the probate letters issued as quickly as possible so the four month period can begin running.
To get the letters issued, you must file a petition with the court for someone to be named the executor or administrator. Therefore, as quickly as you can, you should call us to set an appointment for us to get the information to prepare the probate petition for you.
It is our privilege to guide clients through estate planning decisions
