When an individual passes away without leaving a will in the state of California, all property is transferred to the decedent’s surviving relatives. However, the property must first acquire a qualified administrator and go through the probate process. If you seek legal advice regarding probate without a will in Roseville, CA, the law firm of Meissner, Joseph & Palley, Inc. is here for you.
The Difficulty of Probate
Probate is a difficult process in and of itself, requiring significant time and budget constraints for the family or other assumed beneficiaries of the decedent. This process is rendered even more difficult when there is no will specifying a personal representative who will be responsible for repaying debts and distributing remaining assets to individuals determined by the court.
The process will begin with the court appointment of an administrator in an executor’s stead. This individual can be a surviving spouse, adult child, or any other next of kin – in decreasing order of kinship. When an individual applies to be the administrator but is contested by another of a higher kinship ranking, the latter will be granted administrative rights by the court. If the individual does not wish or is unavailable to perform the task, they must issue a formal renunciation of their rights in order for probate to proceed.
Once an administrator has been established, the probate process without a will is generally the same as one with a will. The estate undergoes a meticulous inventory, all interested parties are notified, debt repayment is performed, and what remains is transferred to qualifying beneficiaries. In such cases, asset distribution follows the laws of interstate succession.
We Can Make Your Probate Process Easier
With no will to guide the distribution of a decedent’s estate, it is more important than ever to work with an experienced probate lawyer on fulfilling your duties as the administrator in a flawless and efficient manner. When you are tasked with executing probate without a will in Roseville, please do not hesitate to contact attorney John B. Palley at the offices of Meissner, Joseph & Palley, Inc. today. Call us today at 916-774-0560 or fill out the form below and we will contact you as soon as we can.