Probate Administration Marin County, CA
Because the focus of Codi M. Dada Law Office PC is Probate law, we have everything you need to get you through the probate process quickly and efficiently. Codi will make the process of probate simple, stress free, and work with you until it is complete. Codi M. Dada Law Offices P.C. provides assistance to clients throughout Marin County and the surrounding areas, guiding them step by step through the probate process.
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Receive Guidance Throughout the Probate Process – Probate Administration in Marin County and Surrounding Areas
Probate is the legal process in which a loved one’s assets are collected and distributed. This process will be followed whether the individual had a will or not—though, generally, it is less complicated when the person had an estate plan in place. Probate is a long, often complicated process with many different steps. In our first conversation with you, we will clearly explain the probate process and understand the specifics of your situation.
Codi M. Dada is a probate lawyer, focused on Marin county, that understands just how complex the probate process can be. He believes that you shouldn’t have additional stress after a loved one dies and can provide you peace of mind throughout the process. He will provide you with knowledgeable legal advice because this area of law is all he focuses on. His guidance will make the process less stressful.
Codi M. Dada Law Offices can assist with:
- Probate Administration
- Homestead Exemption
- Intestate Inheritance
- Elective Shares
- Dispute Resolution
Make the Probate Process Less Complicated
Call Codi M. Dada Law Offices Today
The probate process can be significantly more difficult if your loved one didn’t have an estate plan in place. As your probate lawyer, Codi M. Dada will provide you with the guidance you need to make distributing assets easier. If you’re near Novato, CA, or the surrounding areas, then consider calling for more information. Receive a free initial consultation today.
How Does Probate Work?
Probate is a multi-step court process to obtain court permission to distribute a deceased person’s assets when the person only had a Last Will and Testament or did not have a Last Will and Testament. Probate lawyers assist with this process. If the person held the legal tile of their assets in a trust, probate is not required to distribute assets. This helps avoid probate litigation, makes the process much easier and much less costly.
Step one of the probate processes is to obtain a court date for the purpose of obtaining court permission to manage and distribute the assets of the deceased person. The document that is issued by the court, if all steps of the process have been properly completed, is called the ‘Letters of Testamentary’ or” Letters of Administration.”
The “Letters of testamentary” or “Letters of Administration” gives legal authority to the person named as Executor or Administrator in the Last Will and Testament to manage and distribute the deceased person’s assets in accordance with the instructions of the deceased person’s Last Will and Testament as well as collecting, monies owed to the deceased, selling real estate, paying final obligations, paying taxes as well as the authority to deal with any and all aspects of the deceased assets and financial matters.
The Letters of Testamentary or Letters of Administration are obtained by first filing with the Probate Department of the Superior Court in the county where the deceased person lived prior to death, a petition to administer the Probate Estate, Notice of Hearing to Administer the Estate, Duties and Liabilities of the Personal representative and the original copy of the Last Will and Testament (Lodging the Wil). We make this probate process easy no matter what the circumstances, because this area of law is our focus, we know exactly what to do to complete the probate administration as quickly as possible and minimize the cost of the Probate Administration so you can Distribute Probate Estate Assets.
Next, to obtain the Letters of Testamentary or Letters of Administration, a notice of the petition for probate must be mailed to each beneficiary named in the last will and testament as well as any other legal heir and proof of service must be filed with the court. Proof of service is the document that informs the probate court that such notice has been provided to all beneficiaries named in the will and all legal heirs. If a person did not have a Will, the California Probate Code directs how the deceased person’s assets will be distributed, rather than the Will; this is called Testate Probate. If the person did not have a Last Will and testament, we can explain to you how the assets will be distributed.
Next, Publication must occur. This means that legal notice must be published in an approved newspaper for three days in specific intervals and Proof of Publication must be filed with the probate court when this has been properly completed. Proof of Publication is the document informs the probate court that Notice has been published in the approved newspaper.
After, the documents called the Petition to Administer Probate, Duties and Labilities of the Personal Representative, the Proof of serve and Proof of publication, and Surety Bond (Bond not always required) have been filed with the probate court, the court will review the documents days before the scheduled probate court hearing and either ask for clarification on any issue or grant the petition to administer the estate.
Once the Petition to administer the Probate Estate has been approved the court will mail to the executor or administrator of the estate the Letters of Testamentary or Letters of Administration.
Next, the probate administration process requires the Executor or Administrator to Marshall the assets of the estate. This means that all assets must be located and reported to the probate court by filing an “Inventory and Appraisal” with the Probate Court. This requires a complete list of the deceased’s assets to be listed in a specific format to the court appointed Probate Referee. The Probate Referee acts as the official court appraiser. The Probate Referee is required to provide a date of death value for all of the deceased’s assets. After the Inventory and Appraisal has been completed by the Probate Referee, the inventory and appraisal must be filed with the probate court. The assets of the estate cannot be distributed until the court approves the final petition for distribution. Until the court approves the Petition for Distribution all estate assets must remain in a separate bank account under a different tax identification number. This separate tax identification number is called an “EIN” which stand for Employer Identification Number.
The EIN acts as the social Security number for the estate. The EIN number will be used to open a separate bank account for the estate as well as file the tax returns of the estate at the end of the process. We make the probate administration easy for you by completing all the legalities for you to complete these requirements and obtain the EIN on your behalf, while providing you with personalized explanations in a clear and understandable way.
Next, official notice must be sent to the Department of Health Care Services, Internal Revenue Service, Franchise Tax Board or any state taxing agency, person related to the deceased that may be jailed, as well as notice to all known or reasonable identifiable creditors of the deceased. There is also other notice requirement that may apply depending on the circumstances of the estate, which we will identify to you as needed based on your specific circumstances. After these notices have been sent, proof of serve must be filed with the Probate Court. Proof of service is the document that informs the probate court that notice to the appropriate entities has been sent.
Finishing the deceased’s income taxes and property taxes is required before the court will grant permission to distribute the assets held in the estate. Also, paying the financial debts and obligations of the deceased is a required before the court will grant permission to distribute the assets held in the estate. Also, if real estate is part of the estate, a Change in Ownership Report and possibly a Request for Claim for Exclusion of Property Tax Reassessment must be filed with the county tax assessor in the county where the property is located. We make the probate process easy and straight forward for you by completing all the documents needed and doing everything for you while providing understandable explanations during the entire process.
After the inventory and appraisal has been filed with the probate court, debts paid, and all other requirements are completed, a Petition for Final Distribution must be filed with the probate court.
The final Step of the Probate Process is to file a Petition for Final Distribution. This is a narrative report of that explains to the probate court everything the probate court needs to know about the completed duties of the Executor or Administrator and requests the judge to approve everything that occurred during the probate administration process.
The Final Petition for Distribution also requests approval from the probate court to compensate the executor and authorize the distribution of the probate estate assets to the probate beneficiaries who are entitled to the probate estate assets. Only after the Petition for Final Distribution has been approved by the probate court, the Executor or Administrator has legal authority to distribute the assets of the probate estate to the beneficiaries of the Probate Estate.
Because the main focus of Codi M. Dada Law Office PC is Probate Law, Codi M. Dada Law Office PC is your best choice for easy, fast, low stress Probate Administration, no matter how complicated the circumstances maybe.
A probate attorney and an estate lawyer largely mean the same thing. There are probate estates - meaning that the deceased did not own all their assets in their name as trustee of their trust. In these cases, a court process called probate is required to legally transfer the deceased’s assets to the people indicated in the Last Will and Testament of the deceased. Dealing with probate estates is a part of estate law, and a good estate lawyer should also be an excellent probate attorney (when it comes down to it, they mean the same thing).
If a person holds all their assets in their name as trustee of their trust, the process of distributing assets is much less complicated and does not require court involvement. This is generally referred to as a Trust Estate.
Both wills and trusts are governed by the body of law called Probate Code. However, with a trust, no court is required and the costs and efforts to administer a typical trust are much less than those of administering a probate estate.
A probate attorney will complete, and file all required documents to initiate the probate process to obtain legal authority over a deceased person's assets. The attorney will fulfill all required notice documents, complete the required inventory and appraisal process, and ultimately obtain a court order granting legal authority to distribute assets to the beneficiaries named in the Will (or the legal heirs if there was no will).
Codi M. Dada Law Office will simplify the process for you and clearly explain each step of the process while we handle ALL aspects of the entire probate process, making it super easy for you.
The cost of a probate attorney is determined by law. A probate attorney is not permitted to charge more than what is permitted by law. Compensation for the probate lawyer is called “Statutory Compensation”. Statutory Compensation is based on a percentage of the overall probate estate value. Also, a probate attorney gets paid out of the estate assets after the entire probate process is complete. You do not necessarily pay a probate attorney out of your own pocket.
Also, a probate attorney must be provided to you in writing all details of their compensation before beginning to work on your case. Codi M. Dada Law Office will clearly explain how everything works before beginning and will provide you all details in writing, so you feel comfortable during the entire process.
It is not recommended to take on probate alone. Probate is very technical and if every detail is not followed precisely the court will reject documents and require you to resubmit documents or redo certain tasks until exact compliance with court requirements are achieved; each county has slightly different preferences and procedures indicated as “Local Rules”. Each time an error occurs the probate court will reschedule the case, causing the completion of the probate to take much longer and possibly cost more than it should. If many mistakes occur the court will question your ability to complete the probate and suggest or require that you hire assistance from a probate attorney.
Codi M. Dada Law Office P.C. can help you as much or as little as you prefer to fit your situation. We enjoy helping people make their lives easier.
If under a state determined dollar amount, sometimes probate is not required by law.
Probate is the legal process of obtaining court permission to manage and distribute a deceased person’s assets. A Letter of Administration is the actual court document (Court Order) that gives the person appointed by the court the legal permission to manage and distribute the assets of a deceased person.
No. There are many different kinds of trusts, such as a revocable trust and a revocable living trust. Estate lawyers will deal with trusts. Codi M Dada is certified in both types of law and can assist with either.