Have you thought about how a probate court proceeding would affect your beneficiaries? When planning your estate, it is imperative to take this into consideration. A California estate planning attorney can help you to avoid probate in the first place, or if one becomes necessary, to assist the personal representative administer the probate estate after you die.
Probate is the legal procedure that makes sure that the decedent’s valid will is admitted, that creditors are notified and paid, and that your assets and property are divided according to your will. If a will is contested, the probate court determines its validity.
Having an estate plan is extremely important. Without a will or trust, the laws of intestacy will decide how your estate will be divided up amongst your heirs, and it may not be according to your wishes. Without a will, an administrator will be appointed as personal representative to settle your probate estate. With a will you get to name the executor to be appointed as personal representative. Both the administrator and executor have identical responsibilities as personal representative: notify creditors, pay creditor claims, file tax returns, pay taxes, sell or distribute assets, prepare an accounting, and report to the court.
Also, an estate planning attorney can help you with your estate planning need. Please do not hesitate to contact the law office of Dennis A. Fordham in Lakeport, California at 707-263-3235 for your estate planning and estate administration needs.