Law Offices of Roshni T. Desai
Long-term Planning For Orange County

Probating estates step by step

When a loved one dies, family members feel the weight of the loss in many ways, not the least of which is the emptiness in the home they once shared. Memories abound even months later when movers await. Estate executors oversee the process as family members decide on what to distribute, what to give away and what to sell. The process is not easy, but in California, the Law Offices of Roshni T. Desai has assisted many families in making probate proceedings more straightforward.

The Superior Court of Orange County has also attempted to clarify the process by introducing a step-by-step guide. If you find yourself in the position of executor, you will first file a petition for probate. In some cases, executors request the assistance of an experienced probate lawyer. Others who are more familiar with the process may choose to handle the proceedings themselves. You may decide which approach makes you most comfortable.

After filing the petition, your job is to announce the upcoming hearing so anyone who may benefit from the will or anyone who has objections to it can make arrangements to attend. The courts dictate how to give the notice and when, including instructions for mailed versions and directions for newspaper adaptations.

When you have filed the petition and announced the hearing, your next job is to wait. If no one objects to your role as administrator, the court will make the position official. After the declaration, you will begin the process of liquidating assets by doing the following:

  • Pay all debts and any taxes owed
  • File a court report of receipts and payments
  • Divide the rest of the property as mandated in the will
  • Transfer all belongings to the new owners

The probate process does not have to be overwhelming. For more information about estate proceedings, visit our webpage.

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