Probate Administration

Probate courts oversee the administration of property after death, the guardianships of minors, and conservatorships of incapacitated adults.

Probate is the legal process by which a person's debts are paid and assets are distributed upon his or her death. Individual state laws direct the probate court how to distribute the deceased's estate. State laws and procedures vary greatly, so, it is important to consult an attorney to ensure that the deceased's assets are distributed correctly.

When someone dies, either with or without leaving a will, there are often estate matters that need to be handled, such as changing title to property and completing tax forms. During probate, the court supervises the processes that transfer legal title of property from the estate of the person who has died (the "decedent") to his or her beneficiaries.

If the decedent had a trust, then there is no need for court supervision. This is called Trust Termination. Transferring property when someone dies can be complicated. If someone close to you has recently died, we strongly encourage you to have us handle any legal matters on your behalf, so that you can focus on taking care of your family during their time of loss.

If someone who owes you money has died recently, you may have to file a creditor's claim in Probate Court in order to collect your money from the estate. There are very strict time limits on doing this, so you should contact an attorney right away if you have a claim against a decedent's estate.
For more information, please contact our office at: (310)734-6666 or email one of our attorneys with your questions at: info@rastegarlaw.com.