Function of Probate Lawyer when there is no will

Share This Post

Function of Probate Lawyer when there is no will

Probate is the judicial process whereby there is proof of a will in a court of law, and there is acceptance. The probate makes a valid public document that is the true last testament of the deceased. Moreover, the estate settled according to the laws of intestacy in the state of residence of the dead at the time of death.

The legal process of managing a decedent’s estate, resolving any claims, and distributing the decedent’s property by a will begins with the granting of probate. First, a probate court decides the legal validity of a testator. After that, it grants its approval. Once the will goes through probation, it becomes a binding legal document. Moreover, the executor may use this document to their advantage in court, if necessary. Furthermore, probate officially names the executor (or personal representative), typically in the will; and grants them the authority to distribute the testator’s assets by the terms of choice. However, one may contest a will during the probate procedure.

Who is a probate lawyer?

A state-licensed attorney assists the beneficiaries and executors of an estate. In settling the decedent’s affairs is also a probate lawyer. However, if all of the decedent’s assets are in a trust, one may occasionally avoid probate. A trust can guarantee a smooth property transfer without going through a court or legal process.

When a person dies, one must distribute their asset by applicable state laws and the instructions outlined in their will when living. A probate lawyer guides an estate’s beneficiaries or executors through the probation process and helps with everything from identifying beneficiaries and estate assets to allocating assets and inheritances.

The probate lawyer will often start by proving the will to ensure it is legal if the decedent left a choice. Then, the attorney will examine the documents to ensure they are appropriate. A choice may be invalid by the court if:

  • The testator (the person who made the will) did not sign it in line with state rules, establishing criteria for witnesses.
  • When preparing the will, the testator had limited mental capacity.
  • The testator forcefully submits to another’s will because of duress (threats or coercion).
  • It wasn’t very ethical.

What will happen if there is no Will?

Obtain a copy of the death certificate for the deceased.

Submit a Petition for Probate to the county probate court for the deceased person—for instance, Los Angeles Superior Court – Probate Division.

Attend the hearing at your will.

Obtain letters of administration allowing you to operate on behalf of the estate once your Petition for Probate receives approval;

Determine, collect, and list all of the decedent’s assets.

Pay the debts and taxes owed by the deceased.

Account to the court and ask for a decree for distribution at the end

Pay yourself as the Estate’s Administrator and your attorney by the court’s order.

As directed by the court, distribute any leftover assets to family members, heirs, and beneficiaries.

Abandon the estate

Conclusion

Because the California state probate code is clear about how assets should be allocated, it can generally be simpler to settle an estate without a will. However, other processes can be necessary if there is no will specifying how certain assets should be allocated. For instance, if the deceased has real estate and were alive through several children who didn’t want to share ownership, the property would likely need to sell, and the revenues would be distributed among the heirs by the probate code.

More To Explore

Subscribe to our Newsletter

legal will Long Island lega lwill New York legal will NYC legal will Queens legal will Staten Island living trust Brooklyn living trust Long Island living trust New York living trust NYC living trust Queens living trust Staten Island medicaid trust Brooklyn medicaid trust Long Island medicaid trust New York medicaid trust NYC medicaid trust Queens medicaid trust Staten Island New York estate planning legal New York probate lawyers NYC guardianship lawyer probate attorney Dutches county probate attorney Kings county probate attorney Nassau NY probate attorney Orange county probate attorney Putnam county probate attorney Queens probate attorney Rockland probate attorney Suffolk probate attorney Sullivan county probate attorney Ulster county probate Brooklyn lawyer probate lawyer Kings county probate lawyer Long Island probate lawyer Nassau probate lawyer Queens probate lawyers New York probate lawyers NYC probate lawyer Staten Island probate lawyer Suffolk probate lawyers Ullivan county probate New York attorneys probate New York lawyer probate NYC lawyer probate NYC lawyers probate property attorney probate property lawyer revocable trust Brooklyn revocable trust Long Island lawyers directory NY revocable trust New York revocable trust NYC revocable trust Queens revocable trust trust Bronx will attorney Brooklyn will attorney Long Island will attorney New York will attorney NYC will attorney Queens will attorney Staten Island will lawyer Brooklyn will lawyer Long Island will lawyer New York will lawyer NYC will lawyer Queens will lawyer Staten Island wills and trusts Bronx Wills and trusts Brooklyn wills and trusts Long Island wills and trusts New York wills and trusts NYC wills and trusts Queens wills and trusts Staten Island wills Brooklyn Estate Planning Boca Raton Miami Lawyer Near Me Lawyer Magazine Estate Planning Miami Lawyer wills Long Island wills New York wills Staten Island estate planning lawyers NYC probate New York lawyers trust and estate law firms estate planning attorneys Brooklyn estate planning lawyers Brooklyn estate planning Brooklyn estate planning New York attorney estate planning New York attorneys estate planning attorney Brooklyn estate planning New York lawyer estate planning New York lawyers guardianship attorney Brooklyn guardianship attorney Long Island guardianship attorney New York guardianship attorney NYC guardianship attorney Queens guardianship attorney Staten Island guardianship lawyer Brooklyn guardianship lawyer Long Island guardianship lawyer New York Estate Planning Lawyer NYC guardianship lawyer Queens guardianship lawyer Staten Island Near Me Dental Near Me Lawyers