Streamline Legal Processes With Expert Probate Law Attorney In Sacramento
Posted by loren wilson on November 14th, 2016
Losing a loved one is quite disheartening in itself, and the situation becomes more unnerving for the surviving members when they have to go through legal processes while grieving for the deceased. Whether the departed soul leaves behind a will or not, it becomes quite irksome for the relatives to keep appearing in the court and going through the legal hassles to get the estate divided among the inheritors. Probate is one important factor that comes into picture in this situation, and can take a toll on the family members. It is a legal process that involves proving in the court that the deceased’s will is a valid public document. Thereafter, the estate is identified and analyzed leading to an evaluation of the property. Next step encompasses taking care of the debts and paying taxes, and at last after all these formalities are over, the property is divided according to the will or the state law in case there is no will.
The probate which is a lengthy process begins with filing a petition in the court of law to open an estate and identify an executor, who will take charge of the dealings related to the estate in the meanwhile. The executor is either mentioned in the will or appointed by the judge. In some cases, a new petition needs to be filed to get preference to be appointed as an executor over any other willing family member. In such situations, it is recommended to hire an experienced attorney who specializes in probate law. This way you will be guided at every step of the way about your rights and presenting your case in the court. The executioner now needs to identify and create an inventory of the estate of the deceased, which may take several months. During this period, he/she has the authority to decide whether he/she wishes to sell off a part of the property to repay the debts. If any of the other members disagree with your plan, they can appear before the court to challenge your decision. In case, you plan to contest the decision of an executioner, you would require the assistance of a competent attorney too.
Usually, probate may get finalized in a year, however if the deceased has left behind huge debts, it may take several years to clear the mess up. There can be constant struggle while dealing with the creditors. Thus, a proficient probate law attorney in Sacramento can help you handle the situation with ease and expert advice. So make sure you take the help of a professional to streamline the process.
