Probate
Probate
When a person dies with a will (“testate”), the decedent’s last will and testament must be authenticated and filed with the court, usually along with the petition for probate. The court appoints an executor to administer the estate. The executor receives letters testamentary that allow them to act and enter into transactions on behalf of the estate.
When a person dies without a will (“intestate”), a proposed administrator files a petition for probate. The court appoints an administrator who receives letters of administration that allow them to act and enter into transactions on behalf of the estate.
Role of a Personal Representative in Probate
A personal representative is named in a will (as an “executor”) or appointed by the court (as an “administrator”). The personal representative’s responsibilities are significant and typically include:
- Locate and file the Last Will and Testament
- Locate, inventory, custody, close, and transfer personal assets/accounts
- Appraise and value all assets
- Pay debts and expenses associated with end-of-life
- Make payments to creditors and obtain creditor releases
- Process and receive life insurance death benefits
- Secure personal residence and tangible personal property
- File appropriate tax returns (federal and California) and make appropriate tax decisions
- Pay estate taxes and final personal income taxes
- Obtain tax releases and closing letters from local courts, the IRS, and the Franchise Tax Board
- Make specific bequests, as well as partial and final distributions to beneficiaries (including packing and shipping of tangible personal property)
- Provide complete, detailed accounting to the local court and estate beneficiaries
Probating an estate is a profound responsibility that requires both legal expertise and compassionate attention to detail. At M.S. Domingo Law Group, P.C., we understand the sensitive nature of the probate process and are committed to providing the highest quality service to our clients. Our team of experienced attorneys and dedicated staff work diligently to guide you through each step of the process, ensuring that your loved one’s estate is handled with the utmost care and respect.
We recognize that every family is unique, and we pride ourselves on our ability to address the diverse needs of our clients. Whether it’s offering guidance during a difficult time or providing legal clarity in multiple languages, our team is here to support you. We speak English, Spanish, Tagalog, and Arabic, enabling us to offer services that are tailored to a wide range of cultural and linguistic backgrounds.
At M.S. Domingo Law Group, P.C., we believe that providing exceptional legal service goes beyond just handling paperwork—it’s about offering personalized, culturally sensitive support during a challenging period. Our team combines legal proficiency with empathy, ensuring that every client feels heard, respected, and well-supported throughout the probate process.
Contact M.S. Domingo Law Group, P.C. today to learn how we can help you navigate the complexities of probate law and achieve the best possible outcome for you and your family. Let us guide you through this important process with confidence and care.