Welcome to McGovern Law Group: Your Trusted Partner in California Probate Administration

Navigating the complexities of probate administration in California can be a challenging and emotionally draining process. At McGovern Law Group, we understand the sensitivity and importance of handling estate matters during such difficult times. Our team of experienced probate attorneys is dedicated to providing compassionate and personalized guidance to help you smoothly navigate the probate process.

Understanding the Probate Court Process in California

The probate court plays a crucial role in overseeing the administration of estates and ensuring that the wishes of the deceased are carried out properly. In California, the probate court's responsibilities are extensive and encompass various aspects of the probate process. At McGovern Law Group, we have extensive experience navigating the California probate court system, and we will guide you through each step with clarity and confidence.

1. Validating the Will

One of the primary functions of the probate court is to determine the validity of the decedent’s will. The court will examine the document’s authenticity and ensure that it meets all legal requirements. If the court validates the will, it will be admitted to probate, and the executor named in the will (or the court-appointed administrator, if no executor is named) will be granted the authority to act on behalf of the estate.

2. Appointing an Administrator

In cases where the decedent did not leave a valid will (intestate), the probate court will appoint an administrator to handle the estate’s administration. The administrator is typically a close family member, beneficiary, or a qualified individual, who will be granted the authority to manage the estate’s affairs.

3. Notifying Creditors and Beneficiaries

The probate court ensures that all interested parties, including creditors and beneficiaries, are properly notified of the probate proceedings. Creditors are given an opportunity to make claims against the estate, while beneficiaries are informed of their rights and entitlements.

4. Asset Inventory and Appraisal

The court oversees the inventory and appraisal process of the estate’s assets. The executor or administrator must provide a detailed list of all assets owned by the decedent and obtain appraisals to determine their fair market value.

5. Payment of Debts and Taxes

The probate court ensures that all valid debts, taxes, and expenses owed by the estate are paid from the decedent’s assets before distributing the remaining assets to the beneficiaries.

6. Distributing the Estate

Once all debts, taxes, and expenses are settled, the probate court authorizes the executor or administrator to distribute the remaining assets to the beneficiaries according to the terms of the will or the California intestacy laws.

7. Resolving Disputes

The probate court handles any disputes that may arise during the probate process, such as will contests, challenges to the validity of the will, or disagreements among beneficiaries. The court’s role is to ensure that these disputes are resolved fairly and in accordance with the law.

8. Final Accounting and Closing the Estate

The executor or administrator is required to provide a final accounting to the probate court, detailing all financial transactions conducted on behalf of the estate. Once the court reviews and approves the accounting, the estate can be officially closed, and the executor or administrator is discharged from their duties.

Attorney Guidance Through the Court Process

Navigating the probate court process in California can be intricate and time-consuming. At McGovern Law Group, our dedicated probate attorneys have the expertise to guide you through each step, ensuring a smooth probate administration process and the timely distribution of assets to beneficiaries. Contact us today to schedule a consultation and learn more about how we can assist you with your probate needs.

Meet Our Team

Contact Us

(619) 344-0123
info@McGovernLawGroup.com
9320 Fuerte Drive Ste. 103
La Mesa, CA 91941
2524 Alpine Blvd. Ste. A
Alpine, CA 91901
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