Where to start
Hassell and Hyatt can assist executors with an assessment of their role in the probate process and provide ongoing counsel during the probate–from initial court filings through the closing of probate.
For estate beneficiaries, Hassell and Hyatt can assist beneficiaries in determining their rights and their role in a particular probate.
Call (916) 900-6206 for your free consultation.
Overview of the California Probate Process
In California, probate is required when a person passes away and owns a certain amount of assets.
During the probate process, the court oversees how these assets are distributed, who receives these assets, and ensures the distribution of the assets is legal.
The executor of the estate is sometime referred to as the administrator and completes this distribution in the manner approved by the court.
Role of the Executor
The person who is named as the executor by the court is responsible for:
- Filing certain documents with the court and other entities
- Assessing the value of the estate
- Collecting and managing the estate assets
- Paying creditors with estate assets
- Disbursing the estate to its beneficiary
- Filing for the closing of probate
The role of an executor can be very complex. Hassell and Hyatt can assist with all aspects of the probate process to help ensure that the responsibilities of an executor are met in lawful manner.
Personal Liability of an Executor
In California, an executor can be held personally liable and required to pay if they do not fulfill their responsibilities as required by law. This can included payments to the estate or its beneficiaries. However, a careful and knowledgeable approach to probate administration can help prevent this from ever happening.
Role of the Estate Beneficiary
A beneficiary is a person who is entitled to receive the assets of an estate. Often the beneficiaries play a small role in probate proceedings but it is possible that a beneficiary needs to take action to receive certain assets or receive assets sooner than they would during the normal course of probate proceedings.
Call (916) 900-6206 for your free consultation.
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