A probate attorney is that legal professional that takes responsibility for administering the last will and testament of a client, this attorney will also help guide the heirs through the probate procedure as it progresses through the court. Although it is not a necessity, in many cases the probate attorney in the Sacramento area will also take on the responsibility of executor of the will.
Probate is a process, it is the means of distributing the assets of an individual who dies and leaves a will behind. The will is a written definition of how the deceased wants his or her assets distributed upon death; these individuals are the beneficiaries of the estate. As the will is being drafted the individual will also name that party who will take responsibility of distributing the estate in compliance with his or her wishes, this individual is the executor of the estate. Upon the individual?s death the process of probate begins, the distribution of the estate is overseen by the court; the court is responsible for ensuring that the wishes of the deceased are followed strictly in accordance with the will.
The probate attorney also represents the named heirs in court; the attorney makes sure that the process moves along smoothly and everything is done in full compliance with the law and as quickly as possible. In the event the will is contested it will fall upon the probate attorney to offer arguments in court, this also holds true if the court should have reason to question the validity of the will.
As well as the probate attorney there is an executor that is an integral part of the distribution process. In many cases the deceased will have named the probate attorney to act as the executor as well. The executor is responsible for handling the actual physical distribution of the estate; often it becomes necessary to change the name on various titles to the name of the beneficiary or moving assets into the name of the beneficiary. The executor is also responsible for the distribution of cash from various bank accounts in full compliance with the wishes of the deceased.
The executor is paid a fee for undertaking the task, in the event the executor and the probate attorney are one in the same the fee will be paid from the estate. The fee will have been negotiated by the deceased; it is usually either a flat fee or a pre-determined percentage of the aggregate value of the assets that are distributed.
A probate attorney in Sacramento cannot be a named beneficiary of the client; they cannot inherit any assets as this could be construed as a conflict of interest. The probate attorney?s exclusive responsibility is the deceased client, no one else.
