Irvine Probate Lawyer

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Probate in Irvine, CA

If your loved one has passed away with or without a will, the estate will likely have to go through probate before the property is distributed. Estates valued up to $166,250 are eligible for simplified probate, and those at higher values must go through formal probate. There are numerous steps involved, from validating the will to inventorying assets and paying creditors. Once the last step is complete, the executor can finally distribute the property.

Probate cases can be complex, especially when dealing with high-value estates or facing legal challenges. Our Irvine probate lawyer can assist you through each step or handle a specific task for you. Contact us today to discuss your needs so we can create a plan.

What Occurs During Probate?

Probate includes:
  • Reviewing and validating the will.
  • Gathering the assets.
  • Valuing the property.
  • Paying creditors and taxes.
  • Distributing the property.
Your Irvine probate lawyer can discuss each step in greater detail. Then, you will know if you would like to retain a lawyer or handle it yourself.

What To Expect During Probate

You have to file the will and petition the court to open probate proceedings. If an executor is listed in the will, that person will handle probate. However, if the deceased passed away without a will or failed to name an executor, the court will choose one.

The executor will then gather and value the assets before paying creditors and taxes. Also, the executor must handle past due taxes and bills, if applicable.

At the end of the process, the executor will ask for the court to close probate. If the court grants the request, the executor will distribute the assets.

Legal challenges and other obstacles can occur during probate. Fortunately, an Irvine probate lawyer can assist you with any difficulties you encounter.

Deadlines For Initiating Probate

You have two deadlines to keep in mind when filing for probate. First, you must wait at least 40 days after the deceased passes away before filing for simplified probate. On the other hand, you only have 30 days to file the will if the estate must go through formal administration. If your loved one named you as the executor and you miss the deadline, the court can replace you.

There are also deadlines to follow during probate. Discuss the situation with an Irvine probate lawyer to ensure that you meet the deadlines. Your attorney can also handle it for you, so you won’t have to worry about filing anything past the due date.

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Why Choose Geisler Patterson Law?

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Probate Without A Will

If your loved one passes away without a will, the estate will still go through probate. The court will name an executor who will distribute the property based on the inheritance laws, meaning the surviving spouse will be the first in line, followed by children and other relatives. Unfortunately, people do not get to choose who receives what property when they don’t leave a will behind. Thus, consult with an Irvine probate attorney if you’ve yet to draft a will.

Duration Of Probate

Simplified probate can be settled in around a year, but formal probate generally takes 18 months or longer. If you’d like to speed up the proceedings, an Irvine probate lawyer can help. While your attorney cannot bypass any of the steps, he or she can handle obstacles that the estate faces during probate. That, in turn, can accelerate the proceedings.

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