The Estate Administration Process
San Jose Probate Attorney
If your late loved one's estate needs to go through the
probate process, a myriad of steps will need to be completed prior to distributing
their assets. The personal representative must first open the estate,
which entails submitting the original copy of the will, if there is one,
to the probate court. Certain forms must be filled out, and if anyone
wishes to contest the
will, this is when they would do so.
If the will is declared valid, and the correct paperwork is filed with
the court, the personal representative must then collect the estate's
assets. They must inventory everything that will pass through probate,
and certain items may require a professional appraiser to determine the
value of said objects.
San Jose probate lawyer at the Law Offices of Timothy D. Henry has the ability to help clients
administer a loved one's estate. Please call my firm to learn how
I may be able to help you and your family through this tough time.
What are the next steps?
Once the estate has been inventoried, the personal representative must
pay necessary taxes and debts. In order for them to pay the deceased's
taxes, they must notify the IRS of their appointment, and apply for a
separate taxpayer ID number for the estate. Paying income taxes may also
be necessary, and the final income tax return is due by April 15th the
year after the loved one passed away.
Taxes and debts must be paid before distributing the estate, in the event
that the decedent did not leave enough money to pay said taxes and debts.
In some situations, parts of the estate may need to be sold to pay off
debts and taxes. Once these steps are completed, the estate can be closed,
and the assets and property may be distributed. If a person did not leave
a will, the personal representative must distribute the estate according
to California State Law.
Estate Administration Assistance in San Jose
Depending on the decedent's estate, a personal representative may or
may not need assistance with the administration process. If you have been
named a personal representative, and you find that you need help, please
contact my firm.
I have walked many clients through the estate administration process, including
filing the necessary forms and paperwork with the probate court. I may
also help individuals who wish to prepare their estate for the probate
process by creating an
estate plan. ¡Yo hablo español!