Newport Beach Probate Attorney

Serving as the executor–sometimes also called “personal representative”--of someone’s estate is an important job. If you’ve been named as executor in a friend’s or family member’s will, they have entrusted you with ensuring that their property is distributed according to their wishes, their outstanding debts are paid, final taxes are filed, and more. Depending on the complexity of the estate, the probate process may take from several months to well over a year.

Those responsibilities can be daunting if you are unfamiliar with the probate process. Fortunately, you don’t have to figure it out alone. In California, personal representatives are generally not required to retain a probate attorney to assist them with estate administration. However, a personal representative always has the option of working with an attorney, and the estate covers the cost of that assistance.

The probate and estate attorneys at Morgan Law Group have deep knowledge of the California probate process. We also understand how overwhelming the combination of losing a loved one and being charged with administering the estate can be. We’re committed to listening carefully to your questions and concerns and providing the help you need.

Duties of a Newport Beach Personal Representative

A California personal representative has a fiduciary obligation to the beneficiaries of the estate. That means the personal representative must put the interests of the beneficiaries of the estate first. Generally, the personal representative is charged with settling and distributing the estate according to the terms of the will. They are also expected to act as efficiently as is reasonable while acting in the best interests of the estate and the beneficiaries.

Some specific duties of a personal representative in the probate process include:

• Serving notice on beneficiaries and certain other interested people
• Publishing notice to creditors in accordance with the statutory requirements, or serving notice on them directly
• Receiving and processing creditor claims
• Taking possession of estate property and maintaining that property for the benefit of beneficiaries
• Completing and filing a detailed inventory of the estate property
• Updating the inventory if additional assets are discovered or information comes to light that shows the original inventory was inaccurate
• Preparing and filing the deceased’s final tax returns
• Selling estate property as necessary to pay costs of administration, pay taxes and settle debts
• Distributing remaining assets to beneficiaries as directed by the will
• Preparing and filing a final accounting

Fulfilling these obligations may require additional steps. For example, the personal representative may need to have estate assets appraised in order to ensure that they are getting fair value when the assets are sold, or that assets are distributed in the proportions specified in the will. Or, they may need to liquidate certain assets in order to make distributions in accordance with the terms of the will.

How Can a Probate Law Attorney Help?

The experienced probate and estate attorneys at Morgan Law Group can help you manage your duties as personal representative smoothly and successfully, and reduce the stress associated with the probate process. Some of the ways we can help include:

• Ensuring that you fully understand your responsibilities, applicable deadlines, and the required processes for tasks like serving notice on beneficiaries and creditors
• Working with you to ensure that filings such as the inventory of estate property are complete, accurate and compliant with your obligations
• Assisting you in working with appraisers, accountants and others who may be required during the probate process
• Advising you on the process of opening the estate and drafting documents for you
• Explaining how to transfer property to the estate and later to purchasers, creditors or beneficiaries, and assisting in that process as needed

Of course, every estate is different, and different personal representatives have different strengths and weaknesses. These are just some of the most common ways we help people in Newport Beach with probate administration. During your initial consultation, we’ll talk with you more specifically about how we can help in your circumstances.