When a loved one passes away, it is often necessary to take legal action in order to ensure that their wishes are respected and their assets are distributed according to their wishes. In the state of California, the ideal person to file a petition for legalization of Will is the executor named in the will. If the will is found to be invalid, the assets will be distributed according to state intestate succession laws, unless there is a previously revoked will that is revived and admitted as a will. The executor must also file all necessary state income tax returns, state trust income tax returns during the probate period, and gift and estate tax returns.
In some cases, the person requesting the appointment can handle the estate without needing to hire an attorney. The probate court proceedings usually begin with the appointment of an administrator to oversee the deceased's estate. Different states have different probate laws on whether probate is required after the death of a testator. Lawsuits rejected by the executor can be brought before the courts, where a probate judge will have the final say on whether the lawsuit is justified or not. The personal representative must identify, take possession, and manage probate assets until all debts have been paid and tax returns have been filed. If the executor does not initiate the probate process, any party that has an interest in the decedent's estate can do so instead.
The laws of most states divide property between the surviving spouse and the children of the deceased. Probate is also necessary when a decedent leaves assets for distribution, such as bank accounts, real estate, and financial investments. In most cases, the person seeking appointment as a personal representative (executor or administrator) hires an attorney with experience in probate matters to prepare and file a probate petition. If you are named executor in a will and need advice on how to proceed, you should contact a local probate attorney. Pension plans, life insurance revenues, 401k plans, medical savings accounts, and individual retirement accounts (IRAs) that have designated beneficiaries will not need to be legalized. In addition, since the proceedings of a probate court are recorded publicly, preventing the legalization of probate would ensure that all agreements would be carried out privately.
Having an easily authenticable will is one of the most common ways to move quickly through a probate process and distribute assets efficiently and properly. If a deceased person's estate is insolvent, meaning that their debts exceed their assets, it is likely that the administrator will decide not to initiate probate. It is important to understand all of your rights and responsibilities when it comes to applying for probate. If you are named executor in a will or if you have an interest in a decedent's estate, it is important to seek legal advice from an experienced attorney who can help you navigate through this complex process.
