Los Angeles Probate Attorney

The Probate Process: Frequently Asked Questions

Kerendian & Associates, Inc. is a law firm dedicated to assisting our many and varied clients in probate matters.  In our probate practice, we are often asked these questions.  If you have others, we urge you to contact a Los Angeles probate lawyer.  

What is Probate?

When a person dies and leaves a will, a legal process called "probate" exists where one may establish the validity of the will and have an executor confirmed to carry out the dictates of the will.  In probate, the court monitors the executor's actions and approves the final distribution of assets. If the person dies without a will, probate is still required, and California law will dictate who are the beneficiaries.

What are the responsibilities of the executor?

First, he initiates the probate action and has himself confirmed as the executor.  He files a Petition for Probate and gives notice to appropriate parties of the hearing date.  Once appointed, he may need to post a bond to guarantee his proper handling of the estate and prepare an Inventory and Appraisal of the estate's assets.  He needs to give notice to creditors so they may file claims against the estate.  He must pay the debts of the estate and, if short on funds, sell assets to be able to cover the debts.   He is also required to file tax returns on behalf of the estate.  Finally he files a Final Accounting and Final Petition for Distribution.  A court hearing is then held in which the court approves the final distribution.  The executor carries out the approved distribution and applies for final discharge.

Is there a simplified procedure?

Yes!  Where the debts are small or the assets modest, the full probate process may be avoided.  Your attorney may advise you if you qualify for the abbreviated procedure or may avoid legal action altogether.

I am an heir to an estate but unhappy with the way the executor is handling the probate action.  What may I do?

As an heir you have standing to participate in the probate action and contest the actions of the executor.  It is best that you hire an attorney to make sure your views receive a fair hearing.

If you have other questions or need assistance with your probate matter, you are advised to contact a Los Angeles Probate Attorney at the firm.