Probate
Administration

Probate administration is a court run process to handle the affairs and distribute the property of a deceased person. In California, probate matters begin by petitioning the relevant court for the power to administer the deceased person’s estate. The person appointed can have several different titles, but can usually be called the “personal representative”. The personal representative is responsible for complying with all of the rules and processes of the probate administration and must report to the court regarding the administration.

The team at the Law Offices of Jeffrey S. Lind has represented both personal representatives and concerned beneficiaries in probate administration matters.

How to determine if a probate is needed?

After the death of loved one, a probate administration may be required if the person did not have a trust set up to avoid probate. Many individuals will only create a will, which does not avoid probate alone. However, if the will contains a testamentary trust clause, this may allow the heirs or beneficiaries of the deceased person to avoid probate. To determine if a probate is needed, we recommend speaking with an experienced attorney, like the team at the Law Offices of Jeffrey S. Lind.

What are the stages of a probate administration?

Although there are no official stages, we like to think of most probate administrations as following these stages:

  1. Petitioning the court to appoint a personal representative for the estate;

  2. Inventorying all of the assets and receiving all claims against the estate;

  3. Petitioning the court to permit the distribution of the estate’s assets; and

  4. Wrapping up the estate and closing the probate administration.

Importantly, probate administration matters may have many twists and turns. It is often helpful to work with an attorney to represent you in court for a probate administration.