The Role of Attorneys in a Probate Case

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March 24, 2014 by generationsprobate

Probate is a legal process where a legal court supervises that valuing and distribution of a deceased person’s assets. The process also includes the payment of taxes imposed on the said assets. Probate is needed when the deceased does not leave behind a will, or leaves behind properties in his or her sole name. In California, however, probate is not necessary if the assets are not worth more than $150,000.

Usual Probate Concerns

One of the most common concerns regarding the whole probate process is that it usually takes a long time to complete. Factors like family disputes, unique assets, and tax issues often delay the probate proceedings, which, in some cases, take years to resolve. Probate lawyers acting for the beneficiaries, however, can help speed up the process.

Probate Lawyers

Probate lawyers represent the multiple parties involved in the process. They file the necessary documents for acquiring the assets, analyze the will of the deceased, and organize the agreements so that the overall process can be done as quickly and as accurately as possible. It is the deceased’s lawyers’ job to ensure that their client’s last will and testament is followed as much as possible.


Overall, the whole probate process revolves around the assets of the deceased, and the provisions of the will he or she may have left behind. As much as possible, the proceedings try to honor the wishes of the departed so long as they are in keeping with the law.


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Generations is a Sacramento-based estate and trust law firm, providing quality legal counsel in Estate and Tax Planning, Trust Administration, Probate Administration and Elder Law. The name reflects the firm's position as a devoted ally that helps families and businesses make informed decisions about their futures, from one generation to the next.



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