Award Winning Probate Attorney San Diego

What is Probate?

Probate is the process where the court supervises a transfer of a deceased person’s assets to the beneficiaries listed in his or her will, if a will was prepared.

The Probate Court Process

When a person passes away with ownership of valuable assets, the process of transferring those assets can be complicated.

How Long Does Probate Take?

The full Probate typically can not be completed in less than six months, and can take more than a year. Larger more complicated estates can take much longer.

AWARD WINNING PROBATE ATTORNEY SAN DIEGO

At the Law Office of Kris Mukherji, as a probate attorney San Diego, I provide personalized legal service covering all aspects of Probate Law. I want to develop long lasting relationships with all the families I work with. I do this by ensuring that every client receives legal care customized for their individual needs. I will make sure that you receive the best service possible from your probate law firm San Diego. That is how I treat all my clients.

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AWARD WINNING PROBATE ATTORNEY SAN DIEGO

At the Law Office of Kris Mukherji, as a probate attorney San Diego, I provide personalized legal service covering all aspects of Probate Law. I want to develop long lasting relationships with all the families I work with. I do this by ensuring that every client receives legal care customized for their individual needs. I will make sure that you receive the best service possible from your probate law firm San Diego. That is how I treat all my clients.

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WHY CHOOSE US

Personalized Legal Services

I provide personalized legal service covering all aspects of Probate Law

Lasting Relationships

I want to develop long lasting relationships with all the families I work with. I do this by ensuring that every client receives legal care customized for their individual needs.

Quality Service

I will make sure that you receive the best service possible. That is how I treat all my clients!

Probate Lawyer San Diego

Losing a loved one is quite hard. Making it even harder is having to figure out how to transfer or inherit the property that the deceased (the deceased loved one) left behind. The property that a person leaves behind after they die is called the “estate.” In California, to transfer or inherit a decedent’s estate, it is usually necessary to go to court. In court, the decedent’s estate is handled through a legal process known as probate. In the U.S., probate is basically the same in all States. However, every State has its own unique rules and statutes. Therefore, for a California estate, it is crucial to understand the California Probate Code. A probate lawyer San Diego at the Law Office of Kris Mukherji can help you understand the California Probate Code. It is also a good idea to retain a lawyer to help with the probate process since probate can be complex, lengthy, and tedious.
Probate is a word that many people use, but only a few people understand. It can be defined as the method by which the state allows for the orderly transfer of a decedent’s property and liabilities. It is a legal process in which a court, known as a probate court, reviews a will to determine if it is valid. Probate is also the general administering of the estate of a deceased person without a will.
After a person dies, the court appoints an executor, if one is named in a will, or an administrator, if an executor is not named in a will, to administer the probate process. The person responsible for administering a decedent’s estate is known as a “personal representative.” The duties of a personal representative include;
  • Proving that a will is valid
  • Notifying beneficiaries about probate
  • Gathering the decedent’s assets
  • Determining the value of the decedent’s assets
  • Paying the decedent’s debts/taxes
  • Distributing the remaining property among beneficiaries
If probate is necessary after the death of a loved one, someone must initiate the process. If the deceased loved one left behind a will, the person named in the will as executor is the one responsible for getting the ball rolling. If there is no mention of an executor in a will or if there is no will, then a family member can ask the court to appoint them as an administrator of the estate. An administrator’s job is the same as that of an executor. Also, it is possible for the person named in the will as executor to refuse to act in that position. If that happens, the court may appoint a family member to act as an administrator.
For the probate process to start in California, it is necessary to file a petition with the superior court in the county where the decedent lived at the time of their death. It’s also necessary to file the will (if there is one). Other forms may need filing as well, and formal notices need to be sent out.
After the court determines the validity of the will and/or that everything is in order, the administrator or executor files “Letters Testamentary,” or “Letters of Administration.” This form is what gives an executor or administrator the power to serve as a personal representative.
Once the executor or administrator has been granted authority to serve in the position of a personal representative, the process of administering the estate can begin. Fortunately, a personal representative does not have to do everything at once and alone.
The responsibilities of a personal representative might sound simple, but they are not. The personal representative is required to go through various official steps. The probate process involves, among other things, filling out documents, filing documents, and notifying government agencies of scheduled hearings. One mistake during the probate process could result in huge problems. As a California personal representative, you can count on a probate lawyer San Diego at the Law Office of Kris Mukherji to help you through the probate process.
Probate is a complex process and can be a “legal nightmare” for someone with no legal background. It can also be a lengthy and tedious process. Probate in California can take up to one year, and that is when the process is not contested. Your time is valuable.
Our probate lawyer San Diego can help you understand the rules and regulations governing probate in California. We can also help you with dealing with the paperwork and court appointments. With the help of a qualified probate lawyer San Diego from The Law Office of Kris Mukherji, you can skip courtrooms entirely.
As the personal representative of a loved one’s estate, we can help you with, among other things;
  • Locating your loved one’s assets
  • Appraising your loved one’s assets
  • Preparing and filing documents
  • Managing taxes
  • Managing payment of debts
  • The sale of estate property
  • Managing the distribution process of the decedent’s assets
Indeed, it is possible to handle the probate process without the help of a lawyer. However, an inexperienced individual who chooses to take on the probate process alone can be held liable if something goes wrong. Also, tackling the probate process alone if you are not legally qualified can result in errors that can delay the process or stop the process entirely.
Some estates present a straightforward probate process. However, other estates are complicated. Our probate lawyer San Diego can help you if, among others, the following complications arise;
  • Will contests
  • Financial disputes
  • Disputes over past taxes
While personal representatives in California are not legally obligated to hire probate lawyers, hiring our probate lawyer San Diego will only give you peace of mind that the probate process is being handled properly and efficiently.
Our Probate lawyer San Diego is also available to offer beneficiaries professional advice. We can help you understand the State’s laws regarding Wills and probate and where to begin after getting that notice that you’re a beneficiary.
The probate process can be a “legal nightmare,” but it does not have to be. At The Law Office of Kris Mukherji, our qualified and dedicated probate lawyer San Diego provides personalized legal services covering all aspects of probate. You do not have to do this alone. To get help with matters concerning probate, contact us for a free case evaluation!