The Dayton Law Firm, P.C.
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probate Archives

Loved ones' remaining debts are handled through probate

After a close loved one's death, especially a parent, surviving family may be uncertain about how to handle certain tasks. Certainly, handling the funeral and related duties take top priority, but afterward, many aspects of closing a California estate need to be addressed. Typically, this happens through probate, but adult children may not know when or how to take action regarding their parents' finances.

Executors have the responsibility of completing probate

After the passing of a loved one, many actions need to take place to ensure that his or her final affairs have been properly settled. Even though an individual may have left behind instructions regarding the closing of a California estate, someone else must make sure that those instructions are followed throughout probate. That someone is the executor of the will.

The first steps of opening a probate case

Most California estates will go through a legal process in order to close them unless the deceased parties planned ahead to avoid this step. This legal process is known as probate, and it involves many actions in order to ensure that the decedent's final affairs have been properly addressed. Commonly, a person will have appointed an executor in his or her will to handle these actions.

Probate could put many obligations on business owners

All estates need someone to take charge in settling final affairs after a person dies. Typically, a person can name an executor to handle the steps associated with any necessary probate proceedings. However, individuals named to this position may worry that their lives may not allow them to properly handle the tasks or that acting as executor could put them at financial risk.

Executors have a great deal of responsibility during probate

In a best case scenario, a loved one would ask another person to act as executor of his or her estate before simply appointing the person. Because California probate can take a considerable amount of time and effort, having someone willing to take on the role may prevent additional hardships. Still, even a willing executor will have a great deal of responsibility to handle.

Probate court monitors and oversees administration of the estate

Probate technically means to "prove a will." When a person dies testate in California -- that is, with a will -- the will is filed in the probate court in the county courthouse. The filing and administrative work is done by the executor, who is the personal representative appointed in the will. When filing the will, the executor takes an oath to act as a faithful fiduciary in the interests of the estate during the probate process.

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