San Jose Estate Administration Lawyer

In the aftermath of losing a loved one, there are many steps a person must take, from organizing funeral proceedings to emotionally dealing with the loss. One important process is distributing your loved one’s assets. While necessary, this process can be a long and uncertain proceeding.

Due to the complexity of the process, we recommend that a person seek the help of a qualified probate attorney in San Jose before attempting to carry out the task alone. Probate is legally transferring the title of an estate, property, or other assets of a person after they have passed away. The estate administration attorneys at Henshaw & Henry, PC can walk you through the probate process during a difficult time; call us today to schedule your free initial consultation.

The Steps of the Probate Process as an Estate Admin

First, the court or the will itself must appoint a personal representative. This role is often times called fiduciary, administrator, or executor of the estate. If the decedent did not appoint a personal representative, the court must appoint one.

Then, the personal representative will have to go through the following steps before distributing assets:

Open the estate.

• The personal representative must submit an original copy of the will to probate court, if the decedent provided one.

Sign forms and announce notices of contest.

• The personal representative must then submit several forms to court. If a person, such as an heir or beneficiary, contests parts or the entirety of the will, he or she must do so at this time.

Validity of the will declared.

• After all parties file the necessary paperwork, and the court examines the will, the court will approve it if everything is correct.

Collect estate’s assets.

• The personal representative must inventory any asset or piece of property the decedent included in the will. Some items, like real estate, may require a professional appraiser to determine value.

Pay debts.

• The personal representative must then pay any debts left by the deceased person.

Pay taxes.

• The personal representative must notify the IRS if he or she has been appointed as executor of the will. He or she must then apply for a taxpayer ID for the estate. He or she may also need to be pay income taxes, which will be due by Tax Day the year after a loved one has passed.

Sell assets (if necessary).

• In some cases, the personal representative must sell property or assets to pay debts or taxes.

Close the estate.

• After these steps, all parties can consider the estate closed.

Distribute the estate.

• After paying all debts and taxes, the personal representative must distribute the remaining assets to the beneficiaries of the will. For instances involving no will, he or she must distribute the estate according to California state law.

A person who has lost a loved one, and now must act as an executor or administrator of the estate and assets, should call an experienced probate lawyer for legal assistance.

Getting Help with the Probate Process and Distributing an Estate

San Jose residents named as executor or personal representative to a loved one’s will should seek assistance for the daunting task ahead. Contact our trusted team of probate attorneys at Henshaw & Henry to help with the challenging legal and administrative processes.

Our team of attorneys have been successful guiding countless clients through the estate administration process. These legalities include filing necessary forms with the probate court within a required timeframe. We have also used our extensive experience to help executors create an estate plan. Call today.