PRACTICE AREA
Probate
Clear, practical guidance through California probate, from the first court filing through final distribution.
When a Loved One's Estate Requires Probate
When someone dies, their family may discover that some or all of their estate must go through probate. This can happen when someone dies without an estate plan, leaves a will but no trust, or has assets that weren't properly transferred into an existing trust.
Probate is the court-supervised process for settling an estate. It involves identifying and gathering assets, addressing debts and expenses, determining who is entitled to receive property, and ultimately distributing the estate.
If you've been named executor in a will—or you're a family member who needs to step forward when there is no will—you may suddenly find yourself responsible for a legal process you've never dealt with before. And you're taking it on at a time when you may also be dealing with the loss of someone you love.
You may have questions about what needs to happen first, what the court requires, how to handle the estate's property and finances, and how long the process will take.
DuCharme Law helps personal representatives understand what's involved and guides them through the process from beginning to end.
What Does the Personal Representative Have to Do?
In California, the person appointed by the court to administer an estate is called the “personal representative.” If that person is named in the deceased person's will, they're generally called the executor. When there's no will, or no named executor is able or willing to serve, the court appoints an administrator.
Once appointed, the personal representative is responsible for moving the estate through probate.
This generally involves locating and securing the estate's assets, identifying and notifying creditors, addressing creditor claims, managing property and financial accounts, coordinating tax and accounting matters, maintaining appropriate records, and ultimately distributing the assets to the people entitled to receive them.
There are also court filings, notices, procedural requirements and important deadlines throughout the process.
You Don't Have to Figure It Out Alone
Being the personal representative is a substantial responsibility, particularly when you're also managing your own job, family and everyday life.
At DuCharme Law, we provide personal representatives with a clear roadmap and handle much of the legal and administrative work required to move an estate from the initial court filing through final distribution.
We prepare and file court documents, manage requirements and deadlines, and handle the legal work needed to keep the probate moving forward.
We'll also work with you to gather the necessary information, address creditor claims and other issues as they arise, and coordinate with accountants, appraisers, real estate professionals and others involved in settling the estate.
As personal representative, you'll still have an important role. You'll help identify and inventory the estate's assets, locate bills and information about creditors, deal with the deceased person's personal property and belongings, and make the decisions that are yours to make.
How Long Does Probate Take?
As a general rule of thumb, a California probate often takes about a year to 18 months from beginning to end. That's only a rough estimate. The actual timing depends on the estate, the assets involved, whether property needs to be sold, creditor or tax issues, the court's schedule, and whether disputes or other complications arise. Some estates take longer.
At the beginning, we'll explain the major steps in the process, discuss what we'll need from you, and help you understand what to expect. Then we'll work with you to keep the estate moving through administration as efficiently as circumstances allow.
Are You Handling a Loved One's Estate?
If you’ve been named executor—or you’re the family member trying to figure out what needs to happen after someone has died—we can help.