Ontario Probate Attorneys

We Help Clients Lessen the Impact of Probate

When someone passes away, their estate usually has to go through probate without proper estate planning. This process can be time-consuming and stressful if the decedent didn’t plan around it. For the most part, probate is unavoidable, and it is during this process that most disputes arise. Disputes can range from will errors to heirs who disagree with the terms of the will, to the deceased person’s estate getting drained by attorney fees, estate taxes, and creditors collecting their debts.

Whether you need help with estate planning to lessen the burden of probate on your family or you need help resolving a dispute, we can help you. Speak with our experienced Ontario probate lawyers who have the skills and compassion to guide you through this tricky process.

Call 909-451-7005 to get a free consultation where you can get answers to your important questions.

What is the Probate Process Like in California?

The probate process in California is a court-supervised procedure where a deceased person’s estate is administered either according to their will or California intestacy laws if they died without a will. During this process, the deceased person’s debts and taxes will be paid using assets from their estate. The remaining assets are then divided up and distributed to their heirs according to their will. If they didn’t have a will, the probate court would use California intestate succession laws to determine how the remaining assets are divided. Below are the key steps in the California probate process.

File a Petition for Probate

The executor named in the will, or an administrator if there isn’t a will, files a petition with the probate court where the decedent resided. When there is no will, the court will appoint an administrator to handle the estate.

Notify the Beneficiaries and Creditors

The court will issue a notice of probate, which informs the beneficiaries, heirs, and creditors of the decedent’s death. Creditors generally have four months to file claims for unpaid debts.

Gathering and Valuing Assets

The executor or administrator will then identify, value, and inventory all estate assets, such as real estate, financial accounts, and personal property.

Pay All Debts and Taxes

The executor will use funds from the estate to pay creditors, taxes, and administrative fees.

Distribute the Remaining Assets

Once debts are settled, the executor will distribute the remaining assets to the beneficiaries as directed by the will. If there isn’t a will, they will have to follow California intestacy laws. They will then submit a final accounting report for court approval.

Close the Estate

Once the estate administration is completed, the court will officially close the probate case, and the executor will be relieved of their duty.

The probate process is time-consuming and stressful. Hiring one of our Ontario probate attorneys to help you through the process can lessen the amount of time it takes and make the process a lot less stressful for the executor.

Which Common Disputes Arise During Probate Administration?

When disputes arise during probate, you should seek a probate attorney in Ontario to help you navigate and settle the issues. If you need help during probate proceedings, contact the B.C. Miles Law Group to speak with our Ontario probate lawyers who can help you and your family. Some common issues that may occur include:

Will contests– Disputes sometimes arise when a person believes undue influence played a factor in a last-minute will change. The grantor of the will must have the mental capacity to understand what they are signing. Wills that do not meet California’s legal requirements are invalid.
Disputes over executor or administrator conduct– The executor or administrator has a fiduciary duty to manage the estate in the best interests of the beneficiaries. If a loved one feels like the executor isn’t doing their duties correctly, disputes may arise in court.
Asset and beneficiary disputes– An unclear will or assets not included in the will or a trust may lead to emotionally challenging disputes between the heirs. Grieving families are more prone to allowing their emotions to further aggravate the situation.
Creditor claims– If a creditor files a claim for unpaid debts that the executor or beneficiaries disagree on, they may challenge the creditor’s claims, which can increase the time it takes to settle the estate. Creditors’ claims filed after the four-month deadline has passed may be denied.
Disinheritance– If the decedent purposefully left someone out of their will without properly outlining it, that person may feel that it was done erroneously.

Do You Need an Attorney to Help Solve These Complex Legal Issues In Ontario, CA?

There are plenty of legal issues you may come across when trying to settle an estate. Legal complexities will lead to expensive delays while the probate court tries to settle the issues. Whether you are trying to settle a dispute or you would like to plan your estate in a way that avoids disputes using estate planning legal services, contact us for a free case evaluation to see how our law firm can help you.

Book A Free Consultation With Our Experienced Probate Lawyers Today

In our experience, these issues tend to worsen without proper legal guidance. If you are in charge of estate administration and are struggling, we will help you through the entire legal process. If you are starting the estate planning process, our Ontario probate attorneys can provide legal services that can minimize estate taxes and lessen the burden of probate on your loved ones.

We are eager to use our legal experience to guide you through this and other legal matters.

Call B.C. Miles Law Group at 909-451-7005 to schedule your free initial consultation.