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Helping Residents of the Antelope Valley Since 1977 In-Depth Knowledge to Help You Secure Your Family's Future

Assisting Clients Facing Probate Matters

Serving the Antelope Valley Since 1977 - Call (661) 426-2499

If you are the executor or personal representative of an estate who is currently facing a probate matter, minimize your stress and anxiety by trusting a seasoned probate attorney from Thompson | VonTungeln. Though the process can be expensive, time consuming, and cumbersome, we work to handle your matter efficiently, providing a comprehensive solution that addresses the unique issues related to your specific estate.

Clients who trust Thompson | VonTungeln always benefit from:

  • Free initial consultations for your probate matter
  • Certified Specialists in Probate, Estate Planning, and Trust Law by the State Bar of California Board of Legal Specialization
  • Thousands of cases handled since 1977
  • AV® Rating by Martindale-Hubbell

Call (661) 426-2499 today to discuss your probate with our experienced lawyers.

Certified Specialists in Probate, Estate Planning, & Trust Law in Lancaster & Palmdale

Our California probate attorneys are proud to be part of the approximately 950 licensed attorneys in California who have been certified as Probate, Estate Planning, and Trust Law Specialists. This means that we make up the top .5% of lawyers in California who have demonstrated a higher standard of client service and a tested knowledge of the law.

In-Depth Experience for Complex Problems

Because our California probate lawyers have handled thousands of cases over our years in practice, we know how to assist executors and personal representatives through a range of probate-related matters.

This includes:

  • Proving authenticity of estate documents
  • Settling disputes
  • Drafting an inventory of the estate’s assets
  • Paying debts and financial obligations
  • Finding and distributing assets to heirs
  • Drafting and filing accountings

The Probate Process

The process of collecting the deceased’s property and distributing it in accordance with the terms of his or her will is called probate. The probate process is regulated by state law or the Uniform Probate Code (UPC) and is supervised by a local probate court. Especially in regards to small estates, the probate process is a lot more streamlined if your state has adopted the UPC. California has not adopted the UPC and instead follows the California Probate Code.

In charge of guiding the will through the probate process is the person (or institution) that is the executor of the will. This means that it is the executor of the will that is ultimately in charge of distributing the property of the will to heirs and beneficiaries. If there is no will in place, or if the person named to serve as the executor is not available, a family member usually asks the court to be appointed as the “administrator” of the estate. It’s basically the same job.

In general, an executor or administrator must do the following:

  • Request that the court officially recognizes him or her as the executor of the will.
  • In the county the deceased used to be living, the executor must file a request for probate, along with a death certificate and the original will.
  • Obtain court’s permission to distribute property.
  • During the probate process, the executor’s job is to keep all assets safe.
  • If required, post a bond that protects the estate from any losses the executor may have caused the estate through mismanagement of the probate process.
  • The will, if there is one, must be shown to be valid. Proof of the will’s validity can be done by having the witnesses sign a sworn statement that gets submitted to the court.
  • Get a taxpayer ID number for the estate from the IRS, also called an “employer identification number” or EIN.
  • Open an estate bank account.
  • The executor will need to compile and file an inventory and appraisal of estate assets (all probate property) with the court.
  • If required the executor will file federal and state tax returns for the estate.
  • Mail notice of the final hearing date to heirs and beneficiaries.
  • Executor asks the court to close the estate when all bills and taxes have been paid. This is when the executor can distribute all of the estate assets to the people who inherit them.
  • And finally, file receipts with the court and obtain a release of executor duties from the court.

There are many components involved during the probate process. Since the probate process takes about 6 months to a year (or even longer if the estate is large or complicated) it is understandable that most executors feel overwhelmed, are not able to devote the time needed and do not have the expertise to comply with the many regulations and deadlines during the entire process. As a consequence of this, often the most essential part of being the executor of a will is finding a trusted legal adviser to oversee the probate process. If you are in need of legal guidance through the probate process, do not hesitate to reach out to Thompson | VonTungeln A P.C. for a consultation with our experienced probate lawyer in Lancaster.

Trust Thompson | VonTungeln with Your Probate

Our probate lawyers proudly serve the Antelope Valley with the comprehensive legal solutions our clients need during stressful or uncertain times. Our compassionate guidance looks at the financial circumstances of the estate, the heirs, and the needs of the personal representative.

Contact our firm online or call (661) 426-2499 to schedule your free probate consultation.

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