Benefits of Probate

After the death of loved one, deciding what to do with his or her property and assets can be difficult. Although going through the probate process may not be suitable for all cases, executors (often called fiduciaries, administrators, or personal representatives) and beneficiaries in San Jose should consider going through probate to protect his or her right to estates or related properties. The qualified team of probate lawyers at Henshaw & Henry, PC can help a person decide if probate would be beneficial in his or her individual case in San Jose, California; contact us today to schedule your free initial consultation.

What Is Probate?

Probate is a legal process that transfers the title of a property and the assets of a person after he or she passes away. Probate includes a four-step process where the courts will:

• Assess the validity of the will.
• Identify, value, and appraise the property and estate of the decedent.
• Ensure the paying of estate taxes and debts accordingly.
• Distribute the estate and assets named in the original will to legal beneficiaries.

In the event of no legal will, courts will follow California’s intestate succession, or statutory distribution rules, to distribute property.

The Benefits of Probate

Our experienced San Jose probate lawyers find that the probate process has benefits for both executors of a will and its beneficiaries, including:

• Legal remedies are available if a person rejects aspects, or the entirety, of the will.
• The executor does not necessarily have free rein over the beneficiaries’ individual duties.
• Legal options are available if beneficiaries believe an executor has acted dishonestly or mismanaged the estate.
• A personal representative cannot take fees from the assets without approval from the court.
• A personal representative cannot typically distribute assets or any other related property without court approval.
• A court can order removal of a personal representative who improperly handles assets or fails to pay claims on the property.
• Heirs will receive notice if or when a petition is filed, including ones for the appointment of a personal representative.
• The executor of the will must file state and federal income tax returns on behalf of the decedent.
• Wills that go through the probate process are typically available for public viewing.

Going Through Probate in California

California probate processes often include complex legalities and can take up to eight months to complete. During this time, the court must validate the assets and estate of the deceased. They will settle his or her financial affairs, and then appoint an executor of the will.

What to Expect as an Executor

An executor of a will should contact a probate lawyer to discuss his or her options and responsibilities. Some of the questions below may help a newly appointed executor get their bearings and get a better understanding for why he or she may need to follow through with a probate:

• Is the estate in the will large and worth a lot of money?
• Are beneficiaries generally getting along about the will?
• Does the property in the will contain commercial buildings or other related businesses?
• Does the estate in the will owe taxes?

If any of the answers to these questions are worrying, an executor or personal representative in the San Jose area should contact the experienced team of attorneys at Henshaw & Henry, PC to schedule a free consultation today.

What to Expect as a Beneficiary

Beneficiaries, on the other hand, need the assistance of a probate lawyer for other reasons. Without probate court proceedings, an executor may abuse his or her authority over the estate and assets in question. A beneficiary may also not understand his or her individual rights, or what laws exist to prevent executors from unscrupulous actions.

A beneficiary in the San Jose area who wants to know his or her legal rights should contact our trusted team of attorneys at Henshaw & Henry for a free consultation today.