Probate is the formal term used to describe the process of transferring a person’s assets after death, according to the terms of his or her will or other estate planning documents. The personal representative named in the will usually seeks legal assistance with the probate administration process.
In situations where a person has constructed an estate plan so as to completely avoid probate, there will still be many financial and legal actions to conduct after death. The process of performing accounting and distribution functions for an estate outside of the probate process is sometimes known as trust administration.
Anderlini & McSweeney LLP ∙ San Mateo, California
Anderlini & McSweeney LLP is a midsize, professional law firm with a strong estate planning practice. Our attorneys are veterans of the California legal system, with decades of experience planning, administering, and litigating wills and trusts.
One of the primary benefits of working with Anderlini & McSweeney LLP is the personal attention our clients receive from our senior partners. P. Terry Anderlini and Brian J. McSweeney have received high ratings* from their peers in the legal profession and are widely respected for their ethical approach to clients’ legal issues.
Basics of the Probate Administration Process
When we manage probate administration on behalf of personal representatives, we take care of every aspect of the probate administration process from start to finish. Some of the most common tasks involved in probate administration include:
- Collection and accounting of all property of the decedent
- Arranging for payment of all debts, claims and taxes owed by the estate
- Collection of all income owed to the estate, in the form of income, dividends or other proceeds
- Settlement or litigation of disputes or will contests
- Distribution or transfer of the remaining property to the heirs
In addition, we are equipped to handle more unusual requests on behalf of personal representatives or beneficiaries. In particular, we handle special petitions to the probate court to allow the personal representative to take actions to protect the estate’s assets. These actions may include listing a property for sale, selling a property, engaging legal counsel to make claims for or defend claims against the estate, and to allow for early distribution of assets to a beneficiary because of financial difficulties.
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