The Elder and Disability Law Firm, APC
Handling probate and estate administration duties
If you have recently lost a loved one and have been named to serve as the administrator, personal representative or executor of their estate, you will have to deal with many different issues. Probate administration can be complex and may require you to complete a number of different tasks.
If your loved one had a trust but failed to transfer his or her assets to it, you might need to file a Heggstad petition to transfer them. If your loved one's estate is small, you might want to file a 13100 petition to streamline the probate process. A spousal petition may also help to simplify probate through a transfer of the assets.
As an administrator, you will owe fiduciary duties to the beneficiaries of your loved one's estate. You will also need to inventory the assets and notify all of the interested parties. Administrators must file various documents with the court, pay creditors, file taxes and distribute the assets according to the provisions of the will or the laws of intestacy. If your loved one received Medi-Cal benefits, the state might bring an action against your loved one's estate to seek recovery of the benefits it paid for your loved one's care.
The attorneys at The Elder & Disability Law Firm assist people who have been named as executors, personal representatives or administrators of estates as they navigate through all of the tasks for which they are responsible. We work to help our clients understand the different requirements so that they are less likely to make costly mistakes. Serving as an estate administrator or executor is an important role, and many people will count on you to handle your job correctly. To learn more about probate administration, you might want to read the information on our probate alternatives page.