What is Probate and How Does it Work?

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What is Probate and How Does it Work?

November 28th, 2016 | By



What Is Probate And How Does It Work?

You may have heard the term “probate” before, but maybe didn’t quite understand what it meant, or why you might need an attorney to assist with it. Probate is simply the legal process that takes place after someone passes away, often relating to the enforcing of his or her will and estate. Depending on the circumstances, this process often requires quite a bit of paperwork and court appearances, so it is helpful to have a qualified probate attorney in San Francisco on your side. There are several aspects that fall under the probate umbrella, including:

  •       Proving the deceased person’s will is valid
  •       Having their property inventoried and appraised
  •       Paying remaining debts and taxes
  •       Distributing the property as their will directs

Handling the legal and financial affairs of a deceased loved one can be difficult and emotional, which is another great reason to reach out for experienced legal guidance. Probate can take several months (up to a year in some cases) to complete, and can run into snags if there are family disputes, asset losses, or if other family member dies during the process. In probate court, your loved one’s property, debts, and other final wishes are carefully examined, disbursed, and enforced, and these delicate proceedings should be handled by a qualified probate attorney in the Bay Area, or wherever your loved one resided.

Having a legal team on your side during probate can provide confidence in court hearings and an overall peace of mind, knowing your family member’s wishes are being carried out properly. There are many responsibilities of a probate attorney, some of which include:

  •       Preparing all court documents and filing them promptly
  •       Acquiring appraisals of all the deceased person’s property
  •       Managing and tracking the estate’s financial accounts
  •       Consulting on payments of deceased person’s debts and taxes
  •       Assisting with the sale of estate property
  •       Overseeing the collection of life insurance disbursements
  •       Assisting in the settlement of disputes between beneficiaries or other legal parties

While probate is generally a simple and straightforward process, depending on your loved one’s estate and familial dynamics, it may be wise to get in touch with a qualified attorney in your area to oversee the probate process. With over 30 years of experience in probate law, the Tagliarini Firm can help you navigate this difficult time with reliability and compassion. Reach out to us today for your free consultation.

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