Pleasanton Probate Attorneys

Understanding probate

Probate is the name given to the state court proceedings that put your financial affairs in order by settling your estate after your death. Your estate consists of both the assets and the debits that you leave behind—including all of your money, real estate, worldly belongings, and also your outstanding debts, expenses, and unpaid taxes. In probate court proceedings, these final debts are settled and legal title to the remaining assets is formally passed to your beneficiaries/heirs. Probate court proceedings can become quite complicated, especially if your estate includes substantial assets. The Pleasanton probate lawyers of Beverly M. Hoey have extensive experience in California probate proceedings. We can help you arrange your estate and will to simplify and speed probate matters when the time comes, and to ensure that your heirs do not get any unpleasant surprises.

Executing the will

The legal rules for probate are spelled out in California law, and can be explained to you in detail by a probate lawyer in our Pleasanton office. Typically, the probate case begins with the filing of the decedent's will in Superior Court.  The case must be filed in the county where the decedent resided at the time of death. Anyone may file a will in Pleasanton, but this is usually done by the executor specified in the will. Along with the will, the executor files a petition asking the court to admit the will to probate.

Usually the court will approve the will as filed and issues an order admitting it to probate. At this point, the executor then carries out his or her duties by making an inventory of assets, locating creditors, paying outstanding bills, filing tax returns, and managing the estate's assets in the interim until the estate is distributed to the heirs. The process goes more smoothly if you have named an experienced Pleasanton probate lawyer to serve as your executor. Alternatively, the probate lawyers at our law firm in Pleasanton can provide advice on selecting an executor and help the executor you name carry out these duties in accordance with the law.

Objections and contested cases

Most probate cases proceed smoothly from a legal standpoint, despite the distress of loved ones and the occasional disappointment of someone who was left out of the will. Sometimes, however, a person will formally object to the probate proceedings, claiming that the will is invalid. Reasons given include claims that the will was forged, that the person wasn't of sound mind when he or she made the will, that someone else exerted undue influence on the will, or—most commonly—that the decedent executed a later will and revoked the one being offered. If you are involved in a case like this in Northern California, securing the assistance of Pleasanton probate litigation lawyer Beverly M. Hoey can make the process easier to navigate.

Contact Pleasanton probate lawyer Beverly M. Hoey online or call us at 925.846.1321 today.