Oceanside Estate Administration Lawyer

When someone you love passes away, you’re left with much more than grief. Because a person collects a myriad of assets, properties, and debts throughout their life, their estate must go through both probate and administration proceedings before it can be closed. Whether you were designated as the executor of an estate or you’re searching for guidance during the probate process, Paul V.L. Campo and the Estate Preservation Group are ready to assist you with Oceanside estate laws.

Superior Estate Administration and Probate Assistance in Oceanside, California

Estate administration in California is a complex process that can last for years. At the Estate Preservation Group, we know that addressing challenging legalities while trying to grieve your loved one is tiring. That’s why our lead attorney, Paul V.L. Campo, has devoted his practice to guiding families through estate planning and administration matters in California. Carrying more than 30 years of hands-on experience, Paul V.L. Campo and his staff at the Estate Preservation Group have the skills, resources, and passion needed to administer an Oceanside estate. For estate planning and administration aid from a skilled California attorney, chat with Paul V.L. Campo about your situation today.

What Is Estate Administration?

Many people are under the misconception that estate administration is simply dividing a deceased person’s assets. However, administering an estate is far from simple. This is because estate administration is the process of addressing every legal element of an individual’s estate so that it can be closed. Simply put, every debt, asset, or piece of property that was collected during someone’s lifetime must be either distributed or sold.

One of the most well-known aspects of estate administration is probate, which is a legal process that was designed to ensure all estates and debts are taken care of when someone passes away. When an individual passes with an estate plan in place, the appointed executor of the estate can follow their loved one’s last requests. If the executor wants to divide the assets that are left behind according to the plan, they must file for probate before they can administer the estate.

The Estate Administration Process and How We Can Help

It can be incredibly stressful attempting to understand the estate administration process when you have no prior experience with it. Whether you’re contemplating creating your own estate plan, you’re the executor of a loved one’s estate, or you’re a beneficiary in someone’s will, it’s fundamental that you educate yourself on estate administration in California. The following is the step-by-step process of estate administration here in Oceanside. Our team offers comprehensive services every step of the way:

1. Identify an Estate Plan and Assign an Executor
   The first legal step that needs to be taken after your loved one passes is identifying their estate plan. If you know that the deceased had a plan in place, it’s critical that you locate that document as soon as possible. This way, if there is an assigned executor, they can immediately file a petition for probate and begin organizing the estate. In many cases, our lawyers help our clients create estate plans and also work as the executors when it’s time. If an estate plan was not left behind, however, the Oceanside probate court will have to take over your loved one’s estate.
2. File Petition for Probate in Oceanside
   After finding the deceased’s estate plan, the executor of the estate must file a petition to begin probate. Otherwise, they will not have the legal right to divide, sell, or value the property that was left behind. Our experienced team can help you navigate filing a petition and help you get probate started.
3. Collect Death Certificate / Notify Publications and Creditors
   Once you or your lawyer have filed for probate, one of you will need to collect your loved one’s death certificate. From there, California law requires that you publicize a notification of your loved one’s passing. This is generally done in newspapers.
   
   You or your attorney must also notify all creditors that your loved one was indebted to. This provides all creditors with the opportunity to try and reclaim the debts they were owed by the deceased.
4. Prove the Validity of the Estate Plan
   
   If an estate plan does not meet all of the state’s legal requirements, it will not be recognized as valid. This means if an estate plan is invalid, it cannot be used during probate, and the deceased’s final wishes legally cannot be followed. If an estate plan is proven to be invalid, jurisdiction over estate administration will then be given to an Oceanside probate court.
5. Begin the Asset Inventory and Appraisal Process
   Once the estate plan is validated, the executor of the estate can finally begin the asset inventory and appraisal process. This involves identifying all of the assets within the estate and having a professional value them as accurately as possible. If you are a beneficiary, you will most likely be notified about your status during this step.
6. Pay All Estate Taxes and Debts That Remain
   Before any assets can be administered, the executor is responsible for paying off all remaining debts of the deceased. This includes estate taxes and any debts that creditors requested. Our team can work with you to ensure all debts are addressed properly without creditors taking advantage of you.
7. Distribute Assets According to the Estate Plan
   Most estate plans will specify where your loved one wants their assets to go. Whether they listed a variety of beneficiaries who are all getting different assets or they simply said everything should go to their spouse, the executor will need to administer all assets as the deceased requested. If there was no estate plan or the estate plan was not valid, assets would be divided by following California’s inheritance laws.
8. Divide or Sell the Remaining Property
   If the deceased did not leave specific requests for certain items, the family may either discuss how they would like to distribute them or make the decision to sell the remaining property. All assets, debts, and pieces of property must be sold or distributed before the estate can legally close.
9. Close the Estate With Your Oceanside Probate Court
   After the executor has followed each step of the estate administration process, they will have to officially close the estate. To do so, they have to submit another petition where the court must approve the distribution of assets and the paying of debts. Once approved, the estate can be closed permanently.

Administering Wills vs. Administering Trusts

Depending on the estate plan that was left behind, some assets may not have to go through probate. When an individual uses a will in their estate plan, the executor can follow the basic steps of estate administration. When a trust is involved in an estate plan, however, administration may go a bit differently.

When a trust is created, the grantor signs over ownership of the assets within that trust. This gives the rights to those assets to the trustee. The trustee is then in charge of caring for and preserving the assets within the trust until it is time to distribute them. Because a trustee continues their duties after the grantor has passed, the assets do not have to go through probate because they are still under the ownership of a living person. If you were assigned as a trustee or would like to create a trust in Oceanside, Paul V.L. Campo can assist you with any of your California trust concerns. Our team also has the capabilities to act as trustees and administer trusts on our clients’ behalf.

Why Is It Important to Work with an Estate Administration Lawyer?

It’s clear that administering someone’s estate is not an easy task. Because of this, our firm implores family members dealing with probate to retain the help of an adept estate administration attorney. At the Estate Preservation Group, we have helped to protect, preserve, and distribute various estates across southern California. Our experience with the intricate nature of estate administration law has allowed us to find resolutions in the most difficult of cases. If you make the decision to work with Paul V.L. Campo and his hand-picked team, you can expect:

• Client-focused support throughout difficult legal proceedings.
• Fast, honest communication and consistent updates on your case.
• Empathetic support and advice tailored to your unique legal situation.
• Comprehensive estate administration services, including assistance throughout the entire probate process.
• Help protecting assets before they are distributed to beneficiaries.
• Guidance for beneficiaries or interested parties who have disputes.

Don’t Wait to Get Estate Administration Help

Regardless of how you became involved in an estate, working with a professional who has experience with the administration process can help immensely. Here at the Estate Preservation Group, we aim to make the difficult parts of our clients’ lives a little easier. Whether you’re a beneficiary who didn’t receive the assets you were promised or you were assigned as an executor, contact Paul V.L. Campo and the Estate Preservation Group for assistance navigating estate administration in Oceanside.