Arata, Swingle, Van Egmond & Heitlinger Arata, Swingle, Van Egmond & Heitlinger

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Probate Administration in California

Get Legal Help From a Probate Attorney in Modesto

Dealing with the loss of a loved one is not an easy process. In addition to grief, loved ones may have to handle the estate of the departed. Estates may include property, land, businesses, debts, bank accounts, stocks, bonds and more. In California, when a person dies with assets of $150,000 or more, the decedent’s estate will likely be probated. Probate is a court-supervised distribution of a decedent’s estate. Below, we discuss the probate process. If you are facing probate, we recommend that you speak with a probate attorney in Modesto from our firm.

Get Help With the Probate Process. Speak With Our Probate Attorneys.

The probate process can be complicated and lengthy. At Swingle, Van Egmond & Heitlinger, we are well versed in the probate process and procedure. Whether you are an executor or personal representative, we are happy to meet with you to discuss your unique situation. We can help you understand the decedent’s estate, the probate process, and your duties and liabilities. Schedule an in-person or virtual consultation with us today by calling us at (209) 340-1110 or contacting us online.

The Probate Process

The probate process can take up to a year and, in some case, more than a year. It begins when a petition for probate is filed with the probate court. Typically, when a person dies with a will, the will names an executor of the estate and one or more successor executors, should the named executor be unable to serve. When this is the case, the named executor or a successor files a petition for probate. When a person dies without a will, generally, anyone with an interest in the decedent’s estate can initiate probate proceedings.

The probate court will issue letters of testamentary to the executor or a personal representative that will allow them to collect the assets of the decedent. The issuance of letters may be conditioned on the executor or personal representative obtaining a surety bond. Some individuals may not quality for a surety bond.The executor or personal representative collects the decedent’s assets and files a inventory and appraisal with the probate court. The personal representative or executor satisfies debts and creditor’s claims using the assets of the decedent’s estate. An accounting of the estate is typically filed with the court unless waived by the beneficiaries. Once the court approves the accounting and proposed distributions, the assets will be distributed.

Cost of Probate

The total cost of probating an estate typically depends on the size of the estate. Attorney fees are set by statute and are generally not payable until court approval is obtained. The executor or personal representative may also be entitled to a fee for services rendered. If you are the named executor of a will or otherwise would like to initiate probate proceedings, it is best to consult with a knowledgeable and experienced probate attorney.

Our Firm’s Probate Practice

The probate attorneys at Swingle, Van Egmond & Heitlinger have knowledgeable and practical experience in probating estates. Our attorneys keep current on probate law and procedure. Our experienced probate attorneys will meet with you to discuss the decedent’s estate, the probate process, and the duties and liabilities of serving as an executor or personal representative.

“This firm exemplifies how a multi-faceted group of attorneys can work together to achieve positive results.”

- James M.
Case Results

We fight tirelessly to make sure we gain the best possible results for our clients.

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    Recovered $3,300,000 in buy-out and settlement of minority business owners in breach of fiduciary duty obligations of entity management action.

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    Recovered $1,200,000 in income producing property in family business dispute action alleging fraud and breach of fiduciary against majority owner family members wherein all income payments and distributions to client had ceased for multiple years.

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  • Car Accident

    $8,500,000 recovery. Client was rear-ended on the freeway and suffered catastrophic injuries.

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    Plaintiff was bitten on the hand by his employer’s dog.

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