Probate Attorney in Lafayette, California

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In Lafayette, California, probate is the process through which a Court decides if a will is valid or not.

As part of this procedure, the Lafayette, California probate court will decide the validity of the will, inventory the decedent's assets and debts, and then, lastly, distribute the estate according to the will, assuming it is deemed to be valid.

Most wills name a particular person as the executor of the estate, but sometimes they don't, or the named executor is deceased, out of the court's jurisdiction, or otherwise inadequate to serve in this capacity. In these situations, a Lafayette, California probate court has to assign one.

The executor is the person who has to get the ball rolling on the probate process, and basically serves as a living personification of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most incitement to carry out the duties of the executor.

Duties of the Executor in Lafayette, California

The executor has many duties regarding the will. First, they have to actually initiate the probate proceedings, which must be done before the will is effectuated.

They also are obligated to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.

The executor will also have to compile and make accessible a list of all of the decedent's debts and assets, as well as a list of those who stand to inherit from the decedent.

Because the executor serves as the living personification of the decedent's estate, they are solely accountable for proving the validity of the will. This is a lot of work, but because executors are usually chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to finalization.

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How Can A Lafayette, California Lawyer Help?

Because this process can be fairly perplexing, it is not a bad idea to consult with a reputable probate lawyer in Lafayette, California, especially if you find yourself as the executor of an estate and don't know how to proceed.

24 Wills, Trusts and Estates cases posted to LegalMatch lawyers in Lafayette

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Life in Lafayette

Lafayette, California is a city in Contra Costa County, and is part of the San Francisco Bay Area. It currently has a population of about 25,000 people.

Lafayette, California is known for its pastoral hills, and upscale lifestyle. It is also known for a controversial long-term protest. In 2006, residents began placing thousands of crosses on the side of a hill, to memorialize the U.S. soldiers killed in Iraq, and to voice opposition to the war there.

Many successful upper-middle class professionals live in Lafayette, California. These include many accomplished attorneys. A large portion of these attorneys work in San Francisco and other larger cities. The presence of a commuter rail station makes this a very convenient arrangement, attracting attorneys who want the best of both worlds (the excitement and opportunity of a big city, and the quiet solitude of a small town) to Lafayette, California.

If you live in Lafayette, and need an attorney, you're in luck. There are many accomplished and competent attorneys in Lafayette, California who can help you with whatever legal problem you may be facing.

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