Patrica
Experienced & Thoughtful
Estate Planning & Administration

Alameda County Probate Lawyer

Helping Settle Your Loved One’s Estate

When a loved one passes away, their will and estate go through probate, which is the process of validating the will and any instructions left behind. This court-overseen process can be long and complex, especially for large estates with many assets to distribute. Family disputes and turmoil can elongate the process even further.

If you’re involved in probate or you’re about to start the probate process, a probate lawyer on our team can help you. Our Alameda County probate lawyers will guide you through the process from start to finish, helping you avoid delays and litigation to get your rightfully earned assets. The probate process can be overwhelming, especially as you grieve the death of a family member. Our team is committed to helping you through this season of your life so you can focus on what matters most.

Patricia Scott Law is here to help you with any probate matter. For more information, please call our law office today at 510-984-2390.

What is the Probate Process?

Probate is the process of transferring assets from a deceased person to their named beneficiaries and heirs. When a property owner passes away, their assets and any instructions left behind are reviewed by a court. The court will provide the final ruling on the distribution of assets. The probate process starts by submitting the deceased’s will for analysis.

The executor of the will initiates the probate process. In most cases, the executor is named in the will. If not, the court will appoint an executor. When the will is filed, the probate process is started.

The executor must count the deceased’s assets, pay off taxes and debts, and notify the beneficiaries of the will. They must also then file to resolve the estate. If family members have any disputes about the will or assets, they can bring up these issues during probate.

If you’ve been named as the executor of an estate, we recommend contacting our estate administration team. We can help you file paperwork, locate assets, and talk to beneficiaries. With the right legal team on your side, you can navigate probate law without issues to close your loved one’s estate fast.

What Does a Probate Lawyer Do?

Our probate attorneys will stay by your side to answer any questions and address your concerns. Working with a team of professionals allows you to use our knowledge and understanding of probate law to your advantage.

As your legal team, we can take the following steps:

Identifying Assets

During the probate process, you must identify and inventory all of the assets owned by your loved one, including real estate. Creating an inventory can become complex if your loved one owns property or assets in other states. We can help you track down these assets and all relevant documentation.

Overseeing Appraisals

All real property must be appraised to determine its actual value. Our team can help you find property appraisers and collect the correct documentation to prove each asset’s value.

Collecting Life Insurance

It’s possible that your loved one left behind a life insurance policy to their beneficiaries. Our estate administration team can help you contact insurance companies to collect on this life insurance.

Paying Debts and Taxes

Before an estate can be closed, you must pay all outstanding debts and taxes to creditors and the IRS. We will assist you in finding these outstanding balances and paying them off.

Filing Court Documents

The probate process involves a lot of legal paperwork. We can help you track down the right forms to file so you don’t miss deadlines and accidentally cause delays.

Offering Legal Advice

Not many people have been involved in the probate process before, and that’s okay. When you work with a licensed attorney on our team, you can ask any questions and get as much advice as you need.

What if My Loved One Didn’t Have a Will?

There’s a chance that your loved one passed without leaving an estate plan or will of any kind. The estate will still go through the probate process, but the court will have much more involvement in asset distribution.

When someone dies without a will, the court appoints an estate administrator who must identify legal heirs, settle debts, and pay taxes. Instead of relying on the will for instructions about asset distribution, the administrator takes orders from the probate court. The court follows state intestate laws to determine how assets are divided and who they go to.

In most cases, the administrator will be tasked with giving assets to the close family members of the deceased. This can include a surviving spouse, children, parents, grandparents, or other relatives. Resolving an estate without a will can be complicated, especially if you are tasked with finding family members. Our team can help you through the probate process to resolve an estate without a will.

Do I Need a Probate Lawyer?

After a loved one dies, their estate will likely enter the probate process. This process ensures the validity of the will and assets, but it can be complicated and take a lot of your time. If you are going through the probate process and you’d like a probate lawyer on your side, our team is here to help you.

Patricia Scott Law is confident we can guide you through the probate process from beginning to end. To learn more about probate and how we can help you, call us today at 510-984-2390.