The Law Office of Ventura Probate Lawyer Robert Baskin has been providing skilled representation to clients in probate matters for almost 40 years. Probate is a highly detail oriented process and it is crucial that you retain an experienced Probate Attorney who possesses an in-depth understanding of the Probate system and familiarity with the Probate Courts.
When you are in need of a seasoned Ventura Probate Lawyer, contact a Probate Attorney with the Law Office of Robert Baskin at (805) 658-1000 to make an appointment for a free, comprehensive in-person consultation.
Conveniently located in Ventura, we represent parties who live and work in Ventura and throughout the region. Highly focused on maintaining good client relationships, we will always keep you informed with respect to the progress of your case and all client communications will be addressed in a timely manner.
Probating a Will in Ventura
Probate is an extremely complex legal process wherein a Probate Court Judge first affirms or denies a will’s validity. Our Probate Attorneys have extensive experience handling these matters. Depending upon the circumstances, numerous disputes may arise at this stage. Therefore, it is imperative that you retain a Ventura Probate Lawyer who understands the correct questions to ask prior to the initial Probate hearing, in order to anticipate any issues that will need to be addressed and so that your case can be resolved as expeditiously as possible.
If the Court makes a determination that the decedent’s will is valid, it will oversee dispersion of the estate’s assets according to the provisions set forth in the will. If the Court rules that the will is invalid, either because the will was improperly executed or due to incapacity, duress or the exertion of undue influence, the Court has two choices: Assets may either be distributed under the terms of a prior valid will, or the decedent’s property will pass to their heirs under California’s Laws of Intestate Succession.
When a loved who dies has executed a will, the first step is to file a Petition for Probate with the Court. A Notice for Estate Administration must be published and mailed to all parties with an interest in the estate. If necessary, a bond must be posted. During the initial Probate hearing, the will’s validity will either be affirmed or denied.
Once this issue is settled, a complete inventory of the decedent’s assets and an appraisal for each asset must be forwarded to the probate referee and filed with the Court. Notice must be sent to all creditors, whose claims will either be established or rejected, and all tax returns must be filed and monies owed shall be paid to the proper taxing agencies. If the estate lacks the monetary funds to cover debts, assets shall be liquidated.
After this stage, a final accounting and a petition for distribution must be filed with the Probate Court and notices must be mailed to all beneficiaries. Once the Probate Court Judge signs the Final Judgment of distribution, the remaining assets will be disbursed to the beneficiaries.
There are numerous disadvantages to the probate process, including the following:
Probate fees are set by California statute and can be extremely costly;
Probate can take two years to complete;
Probate records are public – these records can be obtained by anyone wishing to gain information regarding assets, debts and the identities of beneficiaries and heirs;
If the testator (decedent) owns property in more than one state, a Probate case must be opened in each state wherein property is located.
Due to the high costs of probating a will and the length of time that it can take to complete probate, Ventura Probate Lawyers at the Law Office of Robert Baskin thoroughly review all Estate Planningoptions with clients prior to drawing up a will on their behalf.
Contact a Ventura Probate Lawyer Today for a Free Consultation
Whether you are the executor of a will or a beneficiary, a highly compassionate and knowledgeable Probate Lawyer at the Law Office of Robert Baskin can help you navigate this process.
Please complete our Case Evaluation Formand we will contact you. If you need answers to your questions immediately, contact us at (805) 658-1000 to schedule your free consultation. Let us put our 39+ years of experience to work for you.