Estate and probate administration is necessary for ensuring a fair distribution of assets to a decedent’s heirs. Having a trusted probate administration attorney by your side throughout the process can ensure you get the support and resources you need for a smooth, equitable result.
The California and Texas probate administration attorneys of RMO Lawyers have two decades of first-hand experience in handling the intricacies of wills, trusts, and estate settlements to provide guidance in this process.
Estate and probate administration is the process of distributing assets from a deceased individual to their beneficiaries, heirs, and other interested parties.
Following a person’s passing, the administration of their estate can be a time-consuming process, spanning several months or even years. The duration depends on factors such as the estate’s complexity, the number of beneficiaries, and the types of assets included. Conducting probate administration can entail a significant amount of work, particularly for estates with intricate arrangements.
Typically, the estate or probate administration process is carried out using a decedent’s estate planning documents, like a will. However, if there is no will, the estate may be distributed amongst the appropriate beneficiaries according to state law.
The responsibilities behind estate and probate administration are typically handled by an executor, appointed by the testator, or an administrator, appointed by the court when there is no will. In trust administration, this process is handled by a trustee. In handling tasks surrounding the administration of the estate, these parties have a responsibility, known as a fiduciary duty, to act in the best interests of the estate and its beneficiaries.
Processes involved in the administration of an estate include:
Estate and probate administration is a complex process that involves several detailed legal procedures and requirements. Our team at RMO Lawyers offers support in all the following scenarios.
Executors and administrators both play important roles in estate administration. Their duties include handling assets, reporting to beneficiaries, and ensuring a fair distribution of assets while acting in the best interests of the estate. The attorneys of RMO Lawyers offer support and guidance in navigating these responsibilities so that personal representatives can fulfill their duties.
Before proceeding with any estate-related tasks, one of the primary responsibilities of an executor upon the death of the individual is to determine if there is a will. If one exists, interpreting this legal document can pose challenges, particularly without legal expertise or a basic understanding of estate planning principles. In our experience, wills often contain ambiguous language, which should not be interpreted independently. A qualified attorney can help you understand what is intended or seek the court’s intervention to get clarity about the true meaning of the language.
In California, under Cal. Probate Codes §8000 and §8100, initiating probate proceedings involves taking important steps like filing a petition for probate with the court and notifying any parties with an interest in the estate.
In California, even if you have a will, the estate will go through the probate process. You can avoid the probate court process, only if you have a trust in place.
In Texas, just as in California, if you have a will, you will still need to go through probate proceedings.
In both California and Texas, probate can only be avoided for estates valued under a certain threshold or that consist primarily of exempt property.
Depending on your jurisdiction, RMO Lawyers will guide you in taking the necessary steps to start the probate process.
An inventory of assets is essential for understanding what assets a decedent left behind and an appraisal provides a detailed valuation of these assets. This process involves thorough documentation to ensure a fair distribution of the estate. Our lawyers offer guidance for accurate reporting and fulfilling your legal responsibilities in this step.
If a decedent owed debts at the time of their passing, then part of the assets tied to the estate must be reserved for resolving these debts with creditors. Our lawyers will assist in addressing creditor notifications, navigating claims against the estate, handling negotiations, and minimizing liabilities.
Throughout the administration process, executors and administrators will encounter significant decisions regarding the estate, including whether to purchase or sell real property and what to do with investments. While some decisions necessitate court approval, others do not.
Our attorneys can ensure thorough consideration of all factors and aid in the decision-making process.
Asset distribution is an essential component of estate administration, ensuring that all beneficiaries receive a fair allocation of assets in line with the interests of the estate planning documents. Our attorneys work to understand the intentions of the decedent and oversee the rightful distribution for all beneficiaries involved.
Common disputes like disagreements over entitlements to assets and concerns around the legitimacy of a will can arise during the probate process. Oftentimes, disputes occur when the beneficiaries or family members of the deceased disagree on how to distribute the estate, including what happens to any real estate or other assets. Our administration team works hand in hand with our litigation attorneys to help address these disputes and controversies through methods like mediation and arbitration or the court’s intervention, all while maintaining sensitivity around the situation to preserve family dynamics.
Due to the many complexities of the probate process, legal guidance is a valuable resource in understanding the estate and probate administration process and necessary steps. Our lawyers will offer our decades of experience to ensure a smooth implementation of the administration process in line with state law and the intentions of the estate planning documents.
Our probate attorneys focus on all types of estate and probate administration disputes. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
Estate and probate administration is a complex process with many nuanced legal requirements and procedures involved for managing the estate and fulfilling the wishes of the trustor or testator. While our estate and probate administration team is ready to support you through the basics of administration in California or Texas, our litigation team is standing by, ready to get involved with issues that may require the court’s intervention.
At RMO Lawyers, our litigation team may provide support in all the following scenarios.
Estate and probate administration is a nuanced process, and navigating the legal processes alone is not easy. The support and guidance of a compassionate, experienced attorney can make all the difference in ensuring that the assets of an estate are effectively administered and managed while maintaining legal compliance.
You should consider contacting an estate administration attorney when:
If you have any questions regarding the administration of an estate or how to approach the probate process in California or Texas, schedule a free consultation with us at RMO Lawyers. Whether you are an executor seeking support in understanding legal duties or a beneficiary looking to ensure access to your rightful inheritance, we are here to help.
The estate and probate administration process can affect anyone with an interest in an estate, from heirs with a stake in the inheritance to the executors responsible for administrating the assets. Our lawyers at RMO represent all the following clients in California and Texas in the administration process.
Beneficiaries have designated rights to assets in an estate as outlined in estate planning documents. Our team at RMO Lawyers will represent beneficiaries and provide guidance in the probate process to secure their rightful inheritance during the administration process.
Heirs to a decedent may disagree with their allocated provision of a decedent’s assets or raise concerns about the provisions provided to other interested parties. Our attorneys at RMO can represent heirs in trust or will contests to help them secure their rightful inheritance.
Trustees have important legal responsibilities in their role of administering an estate as outlined in a trust. RMO Lawyers can support trustees in understanding their legal responsibilities and fiduciary duties during the administration process and navigate any potential disputes along the way.
Successor trustees who fulfill the role of a trustee can seek a lawyer to understand their responsibilities in the role or to protect the interests of an estate if they uncover any acts of misconduct or wrongdoing from the previous trustee in the role. RMO attorneys can support successor trustees on all sides.
Creditors have an important stake in the administration of assets from an estate as they seek compensation for debts owed by a testator. Our estate administration attorneys at RMO can help creditors assert their claims during the process and secure access to the debts they are owed.
Executors have a vital responsibility in probate and estate administration, as they must resolve disputes, ensure a fair distribution of assets, and uphold the interests of the decedent. RMO Lawyers will support executors in fulfilling their legal responsibilities, resolving any legal disputes, and upholding their fiduciary duty.
Other interested parties in the estate and probate administration process include guardians, conservators, and other organizations listed as beneficiaries. At RMO Lawyers, we support interested parties in navigating the appropriate legal procedures to ensure a fair distribution of assets from the estate and protect the interests of the testator.
Answers to common questions about estate & probate administration, helping you better understand your rights and the legal processes involved in protecting your interests.
In California and Texas, the duration of probate administration is similar. A straightforward probate process typically takes about a year to complete. However, complex estates or those facing challenges such as disputes among heirs, creditor claims, or tax issues can prolong the process significantly, potentially lasting several years.
Working with an experienced probate attorney who can guide you through the process, help streamline proceedings, and address any challenges that may arise, which can help expedite the probate administration process.
Assets subject to probate generally include assets solely owned by the deceased individual and not held in a manner that avoids probate. Some common examples of assets subject to probate in both states may include:
However, certain assets may be exempt from probate or pass outside of the probate process, such as:
It’s essential to review the specific details of each asset with a qualified attorney to determine whether it is subject to probate or passes outside of probate in California or Texas.
Every state has specific intestacy laws, but generally speaking, when someone dies intestate, their estate will likely be distributed according to state laws surrounding instate succession. If someone dies testate, their wishes are more likely to be carried out.
With testate cases, parties often choose their executor or personal representative, while an intestate estate will have one appointed. This may not be a problem for some, while for others who have estranged family members, this can be challenging.
This depends, first, on whether there is an estate plan in place that names a specific person to serve as the personal representative. If this person is named, they have a priority to serve as the personal representative.
If there is no estate plan in place and multiple people want to serve as personal representative of an estate, they are able to do so together, if they are willing to work together. If they are willing to work together, they may serve as co-administrators of the estate. If they are not willing to work together, they will need to file competing petitions and litigate over who is the best person to serve. California statutes give priority to spouses of the decedent, then to the children of the decedent, and so on down the line of succession. A judge will often decide who may be administrator of the estate based on their priority to serve, all other things being equal. If a person with priority is unfit to serve as personal representative for any reason, another person eligible to serve as personal representative may file a competing petition and request to be appointed in light of the circumstances.
If you would like to be appointed over another person regardless of priority, you should seek an attorney like the ones at RMO who can help you file a competing petition and litigate against a person either does not have priority over you or is otherwise unfit to serve.
Yes, both in California and Texas, executors and administrators are generally entitled to receive compensation for their work in administering the estate. The amount of compensation is typically determined by state law or the terms of the will (if applicable) and is subject to court approval.
In California, the statutory fee schedule for compensation of executors and administrators in California is outlined in the Cal. Probate Code, Sections 10810-10814. However, executors and administrators may also petition the court for additional compensation under California Probate Code Section 10811 if they believe that the statutory fee is inadequate given the circumstances of the estate.
In Texas, the compensation for executors and administrators is governed by the Texas Estates Code, Sections 352.001-352.052, which states that executors and administrators are entitled to receive a reasonable fee for their services, which is typically based on a percentage of the estate’s value.
However, the court may adjust the compensation if it deems the requested fee to be excessive or inadequate.
These statutes serve as a broad guide in determining compensation for executors and administrators in both California and Texas. It’s advisable for executors and administrators to consult these statutes with a probate administration attorney to ensure compliance with the applicable laws and procedures.
Estate administration refers broadly to the process of managing a deceased person’s assets and debts. Probate, by contrast, is a court-supervised proceeding within estate administration that validates the will, appoints an executor or administrator, and oversees the distribution of the estate. In short, probate is one possible legal step within the larger process of estate administration, typically initiated by filing the will with the probate court.
Key differences include:
• Probate occurs when a will is present and must be validated by the court.
• Estate administration may occur outside probate if assets are held in a trust or pass directly to beneficiaries.
A probate attorney can help determine the best path in California or Texas based on the estate’s structure.
In both California and Texas, the personal representative appointed to administer a probate estate must generally be an adult of sound mind and free from legal disqualification. Courts typically give appointment priority to a surviving spouse, followed by children and then other relatives in a legally defined order. If no suitable family member is available, the court may instead appoint a non-family member or a public administrator.
No, an estate administrator cannot legally take everything for themselves. They have a fiduciary duty to collect estate assets, pay valid debts and taxes, and distribute the remaining assets to the rightful heirs or beneficiaries. If an administrator in California or Texas abuses their power, a probate litigation attorney can help remove them and recover misused assets.
In estate administration, an administrator has broad authority to manage and settle the estate, but their actions are subject to court supervision and fiduciary duties. In both California and Texas, their powers typically include:
• Collecting and inventorying estate assets
• Paying valid debts and taxes
• Managing estate property during administration
• Distributing assets according to state intestacy laws if no will exists
A probate litigation attorney can help address any misconduct or disputes involving an administrator’s actions.
Estate administration is the legal process of settling affairs and distributing a deceased person’s assets. This includes:
• Identifying and valuing assets.
• Paying debts and taxes.
• Distributing remaining assets to heirs or beneficiaries.
In California and Texas, a probate litigation attorney helps navigate this process, especially when disputes arise or court supervision is required.
No, an administrator and an executor are not the same. An executor is named in a will to manage the deceased person’s estate, while an administrator is appointed by the court when there is no will or when the named executor cannot serve. Both are fiduciaries, known as personal representatives, who manage the estate, pay debts, and distribute assets. The key difference is how they are appointed and the legal authority that gives them their power.
A probate litigation attorney can help ensure proper estate administration in either case.
Insights and advice on estate and probate administration from our blog.
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