Probate is quite simply the process of administering the estate of a decedent and it easy and quick, if the Probate Attorney in San Bernadino follows some simple steps. The probate process enables in settling of debts of a decedent, transferring the legal title of a property of the decedent held in his own name only to the rightful beneficiary and heir as well. In case, there is a will, the process starts with the presentation of it in the courthouse of the jurisdiction by the person nominated by the decedent or executor. In absence of a will, an administrator, usually spouse or adult child of the decedent, is appointed by the court to become the legal representative of the estate in probate.
File A Petition
Filing a petition with the court of probate and serving the notice to the beneficiaries and heirs is the first step to be taken by the Probate Attorney in San Bernadino. This can be done in two ways where there is a will present and by appointing an executor and in the absence of a will appoint an administrator for the estate in probate. After this a notice about the hearing related to the petition is sent to all the beneficiaries and legal heirs of the decedent. If anyone wants to object then they have to and would be allowed to do so in the court. For all other unknown creditors and beneficiaries, the notice is published in a local daily as well.
Taking An Inventory
The next step to be followed by the representative, in consultation with the Probate Attorney in San Bernadino, is to take an inventory of all the assets and also of the estate property. A legal notice also has to be sent to the known creditors of the property. This notice is based on the laws that are set by the state and any creditor who would want to make a claim would have to do so within the specified time which varies from state to state. The inventory list that is prepared by the representative of the estate should include real property and assets and also all stocks and bonds, interests from business or from any other assets taken and much more.
All Expenses Paid
All expenses and taxes, debts and funeral expenses must be paid out from the estate and it is for the personal representative and not the Probate Attorney in San Bernadino to determine who the legitimate creditors are and also on the final bills. If the obligations are found to be very high then the representative can sell a portion of the estate’s assets mentioned in the inventory to gather money and pay the creditors with the sale proceeds.
Transfer of Title
After paying off all the debts and following the waiting period to allow other creditors to claim, the remaining assets are transferred to the heirs and beneficiaries as per the will or as per the laws of Intestacy in absence of a will. If heirs and beneficiaries are minor, then trusts can be created till attaining adulthood. These, easy steps are followed and supervised by the attorney to make transfer of title easier. For more information visit here: Christina Ferrante Attorney At Law
File A Petition
Filing a petition with the court of probate and serving the notice to the beneficiaries and heirs is the first step to be taken by the Probate Attorney in San Bernadino. This can be done in two ways where there is a will present and by appointing an executor and in the absence of a will appoint an administrator for the estate in probate. After this a notice about the hearing related to the petition is sent to all the beneficiaries and legal heirs of the decedent. If anyone wants to object then they have to and would be allowed to do so in the court. For all other unknown creditors and beneficiaries, the notice is published in a local daily as well.
Taking An Inventory
The next step to be followed by the representative, in consultation with the Probate Attorney in San Bernadino, is to take an inventory of all the assets and also of the estate property. A legal notice also has to be sent to the known creditors of the property. This notice is based on the laws that are set by the state and any creditor who would want to make a claim would have to do so within the specified time which varies from state to state. The inventory list that is prepared by the representative of the estate should include real property and assets and also all stocks and bonds, interests from business or from any other assets taken and much more.
All Expenses Paid
All expenses and taxes, debts and funeral expenses must be paid out from the estate and it is for the personal representative and not the Probate Attorney in San Bernadino to determine who the legitimate creditors are and also on the final bills. If the obligations are found to be very high then the representative can sell a portion of the estate’s assets mentioned in the inventory to gather money and pay the creditors with the sale proceeds.
Transfer of Title
After paying off all the debts and following the waiting period to allow other creditors to claim, the remaining assets are transferred to the heirs and beneficiaries as per the will or as per the laws of Intestacy in absence of a will. If heirs and beneficiaries are minor, then trusts can be created till attaining adulthood. These, easy steps are followed and supervised by the attorney to make transfer of title easier. For more information visit here: Christina Ferrante Attorney At Law
