Probate Administration Service

Legal Guidance

Clients are educated in the legal formalities and their duties as fiduciaries to make the right legal choices and avoid any and all potential liability.

We ensure that the Executor and Administrator in control of a Probate Administration adhere to standards, upholding their fiduciary duties under California Probate Law and local court rules.

Personal Liability Protection

We handle the Probate Administration from start to finish by preparing, filing, and otherwise processing numerous required legal documents with the Probate Court on a statutory timeline basis.

Drafting & Filing Legal Documents

Probate Administration

When a deceased person fails to properly plan during life by creating and properly funding a Living Trust or fails to ensure all assets are held in “probate avoidance” vehicles, the estate is subject to the probate court process. Probate is a highly formal legal proceeding required to administer and distribute the decedent’s assets.

The probate estate will be administered through a process called Probate Administration. If the decedent died with a will (known as “‘testate”) then the administration will be handled by the Executor, if one was named.  If the  decedent died intestate - without a will - or an Executor was not named, the administration will be handled by a nominated party called an “Administrator.”  In this instance, the “next of kin” has priority to act as Administrator under California state “intestacy” law. 

The Executor or Administrator needs to petition the Probate Court in the County where the decedent resided to be officially nominated. Once nominated, the Executor and/or Administrator is held to high fiduciary standards to carry out the intent of the will. If no will is in place, the Executor/Administrator must adhere to California state “intestacy” law.  All of this will have to be done while having to comply with California Probate law and local court rules.  

The probate process is very technical with many nuances requiring the assistance of a Probate Attorney. 

Hanley Law has been handling probates for over 49 years by guiding Executors and Administrators through the requirements and strenuous probate court process and filing all required documents in the statutory timeline and under California Probate Law and local Court rules.

We never forget that the Probate Process revolves around the death of a loved one and therefore oftentimes stressful, emotional and a foreign subject matter for our clients.

- Sean Hanley, Attorney

Probate Administration Service

Understanding the legal concepts in a probate is just one layer of the probate.  There are a myriad of different legal formalities that must be followed, documents that must be filed, and timelines that must be met.

ADMINISTRATION SERVICES

We help guide the Executor and Administrator through the necessary steps and formalities - from start to finish - to ensure the process is as smooth and stress-free as possible.

TIMELINE

A straightforward probate can be accomplished in about a year to a year and a half.

The court system, however, is often delayed, so the timeline varies and is hard to predict. Other legal matters like litigation will delay the process.

PRICING

Our Fees are Covered By the Estate

The Attorney fee is not paid out of the Executor or Administrator’s pocket. The Attorney fee and court costs are paid by the estate, are fixed by statutory law, and is an expected cost of probate.

Probate Administration Legal Duties

The following is a sampling of the duties and responsibilities needed to be accomplished by an “Executor” or “Administrator” during the course of a proper Probate Administration. This list isn’t comprehensive and is intended for educational purposes only. 

It is not recommended for the Executor/Administrator to handle these steps without the assistance of a qualified Estate Planning Attorney.

  • The proposed Executor or Administrator of the Estate files and seeks approval from the judge of the Probate Court in the Superior Court of the County where the decedent resided at death to be appointed as fiduciary of the estate.

    Some of the facts included in the Petition, include, by way of illustration:

    • Whether decedent died intestate (without will) or testate (with will)

    • The character and estimated “net” value of the estate assets

    • Bond requirements

    • Request to act under the Independent Administration of Estates Act.

    • The name, relationship, age, and address of the intestate heirs

    • After a Petition for Probate is filed, a court hearing date is set by the clerk of the Superior Court.

    • We appear at the Petition for Probate Hearing for the Executor or Administrator.

    • Notice of the hearing must be filed and given to certain “interested” persons in 2 required ways: published and mailed.

  • If decedent was receiving healthcare under Medi-Cal, notice is required to the Director of Housing Services. (Prob Code 9202(a).

    Medi-Cal has a four month period after notice is given to file a claim for repayment.

  • When the Petition is approved, the judge/Court needs an “Order” to sign approving the Petition.

  • Many Counties have calendar event and notes that must be responded to on time.

    We handle any and all calendar events and respond to any and all notes.

  • Probate Code Section 8200(a) requires the custodian of the original Will to “lodge” it with the probate court within 30 days of death. “Lodge” is a fancy term for “File.” An original Death Certificate needs to be attached to the Will. Certain other local Superior Court requirements must be followed depending on the County in which the Will is being lodged.

    We act as Custodian and lodge the original Will with the Superior Court in the County where the decedent died on behalf of the Executor and/or Administrator.

  • When the Court signs the Order, assuming they have original “Letters,” they will “issue” the “Letters” that confirm the Petitioner’s (proposed Executor or Administrator) appointment.

    Issuance of the letters starts a timeline whereby the estate can be closed within 4 months thereof. This gives creditors time to file their claims (this is why it is important to provide notice to Creditors).

  • The Duties and Liabilities document that needs to be filed provides a summary of the Petitioner’s responsibilities as a representative of the estate.

  • All noncash assets must be appraised by a probate referee that is appointed by the Court.

    In some counties, the court appoints the probate referee automatically. In others, an application must be submitted.

  • You may have to take action under the Independent Administration of Estates Act that requires notice to “interested” parties (example: the sale of real property).

  • All assets of the estate subject to probate are listed on the Inventory and Appraisal.

    All noncash assets are appraised by Probate Referee.

    Must be filed within four months of issuance of “Letters” (Probate Code 8800).

  • If you haven’t been given authority under the Independent Administration of Estates Act, you need Court supervision and to file a Notice of Proposed Action if you handle any debts (10552(a)(b)).

    Once you have the authority to act as the representative of the estate under the Independent Administration of Estates Act, you can allow, pay, reject, contest, or compromise a claim on behalf of the estate.

    Notice under Probate Code 9050 must be given to ascertainable creditors.

  • Hanley Law prepares, processes and files with the Superior Court the Petition fo Final Distribution, which requires the following before filing will be allowed:

    • The Creditor’s claims period needs to expire.

    • All creditor claims must be dealt with.

    • All estate expenses must have been paid.

    • All taxes must be detail with (personal, property)

    The Petition for Final Distribution document is written by Hanley Law Attorney from scratch. There is a special art to properly drafting a Petition for Final Distribution that requires certain information and otherwise needs information to get it approved by the Court so distributions can be made and the case can be closed

  • A Notice of Hearing must be filed with Court and served on the "interested" parties within the prescribed statutory timeline for any matter requiring court approval

  • Hanley Law prepares, processes and files with the Superior Court the Order for Final Distribution to be signed by the judge.

    The order itself is what gives the Executor or Administrator the authority to distribute the estate’s assets (as continued in the order and corresponding petition)

  • Some assets, like real property require further action like deeding, which Hanley Law prepares, processes and records with the County Recorder on behalf of the client.

  • Hanley Law prepares, processes and files with the Superior Court an Ex Parte Petition and Order for Discharge to close the case and remove any and all personal liability.

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