Probate Administration

Probate is the general administration of a deceased person’s will or the estate of a deceased person without a will that is required before the distribution of the decedent’s assets to beneficiaries. Probate is court-supervised and requires the petitioner to gather and account for the deceased person’s assets, pay debts and taxes, and distribute the balance to beneficiaries as approved by the court. If you have a deceased family member whose estate needs to be probated, Dave will guide you through the probate process, send out the mandatory notices, prepare and file the necessary documents, and make the required court appearances.

Dave will also advise you when an estate or certain assets do not need to be probated. A simplified procedure may be used for estates no larger than $184,500. Probate is also not necessary for assets attached to a beneficiary, such as IRA and 401K retirement accounts, or where there is a surviving owner, such as transfer on death accounts and property held in joint tenancy.

Probate Litigation

Most probate proceedings are uncontested and progress without issue. However, if disputes arise during probate administration, an interested party may initiate probate litigation. When disputes cannot be resolved informally, Dave can assist you in filing a petition to protect your rights and the rights of others, including:

  • Will contests, including undue influence claims
  • Petitions against the executor
  • Disinheritance and surviving spouse’s rights
  • Will construction and interpretation
  • Creditor claims against estates

Contact Dave

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Fill out the contact form or call us at 805-640-6468 to schedule your consultation.

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