What Is Probate?

Probate is the legal process of settling a deceased individual’s estate when they do not have a legally enforceable estate plan. An estate plan typically contains a will, a power of attorney designation, and other documents that outline the estate owner’s preferences regarding end-of-life medical treatment and distribution of their assets after death. Probate cases are most common when the deceased dies without any estate plan. Still, it is also possible for probate proceedings to arise when family members dispute aspects of the plan.

When a person dies without an estate plan, their property becomes “intestate,” and the state’s intestate succession laws determine which beneficiaries inherit their property. Probate also requires settling the deceased’s outstanding debts. Once all creditors have been addressed, the remaining contents of the deceased’s estate are distributed according to California’s intestate succession laws.

Probate is also necessary when disputes arise regarding a will or other estate planning documents. For example, a beneficiary may allege that the will was created through undue influence or coercion from other family members or that it is not legally enforceable for some other reason. When these disputes arise, the probate proceedings necessary for resolving such issues can significantly increase the family’s time in probate court.

What Does an Irvine Probate Lawyer Do?

Probate is a complex and multifaceted process. The average person with minimal legal experience would face several challenges if they attempted to navigate this process unassisted by counsel. An Irvine probate attorney can provide several valuable legal services, including:

• Helping the executor of the will or estate plan understand their responsibilities if an estate plan exists. It’s vital for the executor named by the deceased to be willing and able to fulfill their legal duties.
• Identifying all estate assets and debts. Your Irvine probate attorney can assist you in accurately calculating the estate’s total value and the total amount of debt owed by the decedent.
• Coordinating repayment of the deceased’s creditors. Once all creditors are paid and all debts satisfied, the probate process can distribute the remainder of the estate to the decedent’s beneficiaries.
• Helping clients understand the probate process when the deceased has no will or estate plan. Your attorney can prepare you for each court appearance and understand the laws of intestate succession as they pertain to your case.
• Addressing out-of-state issues that arise during probate and ancillary probate, which applies when the deceased owned property in more than one state.
• Investigating any life insurance policies held by the deceased and helping beneficiaries collect proceeds.
• Assessing estate and inheritance tax concerns for the beneficiaries of the estate. Income taxes owed by the deceased must also be paid from the estate.
• Managing checking accounts associated with the estate. Executors may handle this duty in some cases, but if there is no estate plan, the responsibility should fall to an experienced lawyer.
• Preparing clients for probate court proceedings.
• Probating foreign wills.

Every probate case will involve unique issues, and it’s vital to have legal counsel you can trust as you address the problems your probate case presents. An Irvine probate attorney can not only be an essential asset when it comes to addressing the unique details of your probate case but also provide valuable ongoing guidance when probate disputes arise.

Most Common Types of Probate Disputes

Under ideal circumstances, the probate process is little more than a formal legal review of the deceased’s estate plan. However, if the deceased had no estate plan, probate would unfold according to California’s laws of intestate succession. It’s also possible for probate to evolve into a complex legal battle when disputes arise concerning the estate plan in question:

• Beneficiaries may dispute the number of assets or the types of property left to them or other beneficiaries.
• Beneficiaries can contest the enforceability of a will on various grounds. For example, they may claim the will was created through coercive means or that it has been too long since it was revised to be enforceable.
• Conflicts can arise between beneficiary designations included in the estate plan and those listed on individual accounts.
• Beneficiaries may allege that an estate executor or trustee breached their fiduciary duty to the estate.

This is not an exhaustive list of how probate disputes can arise. However, no matter what your situation may entail, you must have legal counsel you can trust when faced with a problematic probate case.

Sweeney Probate Law has successfully represented many clients in the Irvine, CA, area with difficult probate cases. We understand the emotional stress these cases can cause when you are struggling with the recent death of a loved one. Facing a complicated series of legal proceedings immediately following the death can make an already challenging situation even worse, and our goal is to provide reassurance and peace of mind. If you are facing a problematic probate case and need the assistance of an experienced Irvine probate attorney, contact Sweeney Probate Law today to schedule your consultation with our team.