Los Angeles Probate Lawyer
The loss of a loved one is a difficult circumstance, but it can be made more so by the frustration that comes with no clear outline for who inherits the individual’s assets. In some cases, steps may be in place to ensure that the asset transition process runs smoothly and that there is no drawn out legal process. However, when that is not the case, there is probate law. Probate law is often a lengthy process used to distribute the property of a deceased individual. Although this process can be long, it makes use of the legal system tosettle all aspects of a deceased person’s life once they are gone.
The Process of Probate Litigation
However, this process does not start automatically. In order for the process to begin, someone must request it. If there is a will, there is often an executor named that will begin the process; however, if this is not the case or the executor is not available, the family must approach the court and ask them to act for the individual’s estate. Along with the filing of forms, a filing fee is required—on average $400, although it is possible that your county
charges more for this service.
After the process has begun, there are many other steps involved before the case can be settled. In wills, beneficiaries are often named as to the amount/type of asset given to them. However, when there is not a definitive recipient the court has to get involved. After determining who gets what property, the individuals involved have the opportunity to challenge the manner in which the will (or lack of a will) was upheld and the fairness in distribution. Because of this, many probate cases take longer than the minimum time to settle the case.
Law Office of Anne Dowden Saxton
Probate can be a long and confusing process, and it can be useful to have a resource by your side to walk you through the process. Attorney Anne Dowden Saxton is experienced with probate law and can answer any questions that you may have. Losing a loved one can be difficult, but sorting through his or her assets should not be an arduous process.