Probate refers to the legal distribution of property after the death of a property owner. It may involve the distribution under the provisions of a will, or, if the decedent died without a will, “intestate” proceedings where the law determines the beneficiaries. In a formal probate, an executor or administrator is appointed by the court. This person, under the court’s supervision, collects the property of the deceased. Debts are paid, tax returns are filed as needed, and any taxes due will be paid. Disputes, if any, will be resolved. Ultimately, at the end of the formal probate process, the property is passed on to the decedent’s heirs free from any claims of third parties or creditors. Often, “summary” or abbreviated alternatives exist. In other cases, property that has been inadvertently omitted from a trust can, upon application to the court, be put in the trust to avoid a probate…even after the death of the person who created the trust. An experienced probate attorney will be able to analyze the estate and tell you if you are eligible for any such relief. These “summary proceedings” can save substantial time and expense.

If you are appointed as a Probate Executor or Administrator, you will have what the law calls a “Fiduciary Duty” to other concerned parties. This is a high level of responsibility. Failure to follow the requirements under the law can lead to personal financial responsibility to creditors, beneficiaries and governmental agencies. Know that there are things you don’t know. Our job as attorneys is to know the process and help keep you on track, safe and protected. This is a particularly important consideration if decedent has creditors, tax issues, or beneficiaries likely to be second-guessing, if not actually attacking you.

If there is a less expensive and faster “Summary Probate” procedure the estate is eligible for, we would be pleased to guide you through that. If your matter requires a formal probate, the “statutory fees” for the executor and the attorney are set by law. They are paid only at the conclusion of the case when the beneficiaries are paid. Since the fee is determined by the size of the estate on a schedule in the Probate Code, the most experienced attorney costs no more that someone with few probates under their belt. Plus, it will likely move faster. You should look for experience and reputation.

Look for Certified Legal Specialists or those with clear experience in Probate.