Probate Administration
Probate Administration is the legal process of settling a deceased person’s estate. It involves identifying and gathering assets, property, and personal belongings of the deceased person, paying their debts and taxes, and distributing the remaining assets to the beneficiaries or heirs according to the terms of the will or California probate law, and as authorized by the Court.
In California, this process starts when the person’s will is filed with the Court. The Court appoints someone — called an executor — to manage the probate case and take all the steps that are necessary. If there is no will, the Court will appoint an administrator instead.
The executor or administrator will gather the deceased person’s assets, such as their home, bank accounts, and investment accounts. The executor or administrator also will pay any debts or taxes owed by the estate.
After that, upon approval from the Court, the executor or administrator will distribute the remaining assets to the people named in the will, or, if there is no will, to the person’s family according to the rules from the California Probate Code.
Probate administration can be difficult, and it can involve a number of detailed steps. A qualified lawyer can help the executor or administrator administer the estate so that everything is done efficiently and correctly.
Probate Representation
Probate Representation is when an attorney provides legal representation and guidance to an executor, administrator, or beneficiary during a probate case. The attorney can help an executor, administrator, or beneficiary, by filing Court documents, advising on complex legal issues, and advocating for their client’s interests in Court, if necessary.
During probate administration, the executor or administrator will have many legal duties and responsibilities, such as filing legal documents, finding and collecting assets, preserving assets, paying debts and taxes, and eventually distributing those assets to the heirs or beneficiaries upon approval by the Court. These tasks can be difficult and time-consuming, and often require detailed knowledge of the steps required, and the time frame within which to do these tasks.
Similarly, beneficiaries may need a lawyer to make sure their rights are protected during a probate case. This may include challenging the will’s validity, disputing how assets are to be distributed, or trying to replace an executor or administrator.
An experienced attorney can help both executors and beneficiaries during probate by making sure all legal rules are followed, offering advice on legal issues, and advocating for their clients in Court, if needed.
Is Probate Administration and Representation the Same?
No, probate administration and probate representation are different.
Probate administration is the legal process of settling someone’s estate after they die. This includes finding and gathering their assets, property, and personal belongings, paying any debts or taxes, and eventually distributing those assets, property, and personal belongings to the deceased person’s family or heirs. This process is usually overseen by a Court-appointed executor or administrator, and can involve many legal steps.
On the other hand, probate representation is when a lawyer helps the executor, administrator, or beneficiary during a probate case. The attorney can give advice on legal issues, prepare legal documents, and advocate for their client in Court, if needed.
Even though probate representation is important to protect the interests of executors and beneficiaries, it’s not the same as probate administration.