Probate

Probate Lawyers in Valencia, CA

Serving Client Needs in Valencia, Santa Clarita Valley & Surrounding Counties

Navigating the probate process can be daunting, fraught with legal complexities and potential disputes. Acting as the executor of a deceased person's estate involves adhering to strict procedural requirements and honoring your fiduciary responsibilities.

Complications such as contested wills, disagreements among beneficiaries, and allegations of executor misconduct may arise. These can delay the process and escalate costs. Having knowledgeable legal representation is crucial to mitigate these challenges and ensure a smooth and fair resolution.

At Jackman Law, P.C., we can guide you through every step of probate to meet legal requirements, protect the deceased's intentions, and address any possible disputes. Our attorneys are well-versed in California probate law and proceedings.

We also represent beneficiaries or other third parties in probate-related disputes. As skilled litigators, we can protect your rights and fight for optimum results in civil court.

Schedule a free initial consultation with a Valencia probate attorney at Jackman Law, P.C. by calling (661) 990-9651 or submitting our online contact form.

What Is the Probate Process in Valencia & Santa Clarita Valley?

The probate process in California involves several steps:

Filing a petition: The executor or an interested party files a petition with the probate court to open the probate case.
Appointment of executor or administrator: The court appoints an executor (if named in the will) or an administrator (if there is no will) to manage the estate.
Notification: The executor must notify all heirs, beneficiaries, and creditors of the probate proceedings.
Inventory and appraisal: The executor takes an inventory of the deceased's assets and has them appraised to determine their value.
Payment of debts and taxes: The executor uses estate funds to pay outstanding debts, taxes, and administrative expenses.
Distribution of assets: After debts are settled, the remaining assets are distributed to the beneficiaries according to the will or state law if there is no will.
Closing the estate: The executor files a final account with the probate court, and once approved, the estate is closed.

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Our Values Your Case Matters to us

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Client-Focused Care

We know how important your case is to you, so we tailor our strategies to focus on your specific needs and goals.
Offering Related Services

Our services run the gamut of what you may encounter throughout your case, providing consistency and continued care.
With You at Every Step

Our dedicated team of compassionate legal advocates will walk through the legal process with you from start to finish.
Communicative & Timely

With our commitment to transparency and communication, you'll never be left wondering where your case stands.

What Assets Must Go Through Probate?

In California, not all assets are subject to probate. Assets that must go through probate typically include:

Solely owned property: Real estate, bank accounts, personal belongings, or other assets held solely in the decedent's name.
Assets without a designated beneficiary: Personal property, investment accounts, or life insurance policies that lack beneficiary designations.
Assets held as tenants in common: Property owned jointly without rights of survivorship.

Some assets can bypass probate, including:

Jointly owned assets with rights of survivorship.
Assets held in a living trust.
Retirement accounts and life insurance policies with designated beneficiaries.
Payable-on-death (POD) and transfer-on-death (TOD) accounts.

Legal Responsibilities of Valencia Estate Executors

An executor or administrator of a probated estate in California has significant legal responsibilities and fiduciary duties. They must act in the best interests of the estate and its beneficiaries and honor the final wishes of the deceased person per the law. Their fiduciary duties include the duty of loyalty, care, and impartiality.

Executors must prioritize the estate's interests and beneficiaries above personal gain. This means avoiding any conflicts of interest, self-dealing, or actions that could be perceived as benefiting the executor at the expense of the estate.

They are expected to manage the estate with the same care and diligence that a reasonably prudent person would exercise in similar circumstances. This includes maintaining accurate records, making prudent financial decisions, and handling administrative tasks efficiently.

Executors must treat all beneficiaries fairly and equitably, without favoritism. This duty requires transparent communication and impartiality when distributing assets according to the will's terms.

Executors can be held liable for breaches of fiduciary duty. If an executor fails to fulfill their obligations through mismanagement, negligence, or intentional misconduct, they may face legal consequences.

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Our Representation in Probate Disputes

In addition to guiding clients through the probate process, our firm also offers representation in probate disputes. These disputes can arise for various reasons, including:

Contested wills
Disputes among beneficiaries
Creditor claims
Allegations of executor or administrator misconduct

Our experienced attorneys are well-versed in navigating these complex and often emotionally charged situations. We work diligently to protect your interests, whether you are an executor, beneficiary, or third party with a rightful claim.

We strive to achieve amicable resolutions through negotiation and mediation but are fully prepared to litigate in court if necessary. Our goal is to safeguard your rights and interests.

The Value of Legal Representation from Jackman Law, P.C.

Navigating the probate process or related disputes can be complicated and emotionally draining. An experienced attorney is essential to pursuing a positive outcome. Our team puts clients first; we take every legal measure to protect your rights and best interests while adhering to California probate law. Whether you are a named executor or an interested party in a probate dispute, you can depend on our professionalism and close client care throughout the legal process.

Request a free consultation with a Valencia and probate attorney by contacting usat (661) 990-9651.

"Approachable, Smart & Caring"
I talked to Attorney Jackman about my case. I found him very approachable, smart and caring. He wants results as much as you do. He is a bright man and a brilliant future in front of him.

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I recently worked with Jackman Law for my divorce. Ryan is an amazing attorney, family man, and he and his associates handled everything with precision. Professional, efficient, and empathetic— I highly recommend!

- Kevin F.

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