If I cannot avoid a Probate, what do I do?
You cannot get control of an asset and sell it or cash it in until the court issues the probate letters to you. If there is a will, someone named as executor has to step forward and petition the court to be named “executor”. If there is no will, California law decides who in the family gets the assets and gives priority to a spouse, or then children, or then some other family member to be named “administrator.” The person named as executor or administrator is called the “personal representative of the estate.” We will use the term executor but here it will also mean an administrator.
The executor cannot then distribute out the estate to the beneficiaries until at least four months have passed after the probate letters are issued and the judge then authorizes the executor to distribute the estate. Hence, our goal is to get the probate letters issued as quickly as possible so the four month period can begin running.
To get the letters issued, you must file a petition with the court for someone to be named the executor or administrator. Therefore, as quickly as you can, you should call us to set an appointment for us to get the information to prepare the probate petition for you.
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Estate Planning Attorneys
Valued Client Reviews
Lisa Vertz March 14, 2022. I worked with Brandon Johnson and he was very thorough and excellent to work with on a living trust and will. 
Roman Kisz December 21, 2021. Antonio is great. I work in a related industry, but my wife does not. He sat down with us and helped to get our estate in order by walking us through the trust process. My wife was very happy we took the time to protect our family and to get this crucial step in life accomplished. Thanks again! 
Don Houle August 13, 2021. A great place to place your trust for a trust 
Mike Ricci December 5, 2020. 
Kathy Locklear October 3, 2020. 
Kyle T September 22, 2020. Kevin is very knowledgeable, professional, and easy to work with. Highly recommend for Tax and Estate planning. 
Joan Riley January 16, 2018. I have just completed my trust work with Mr. Staker and I could not. be happier. I was referred to him by a prominent San Fernando Vally commercial realtor so I had high hopes when I met with him and I was not disappointed. Now I am insisting that my children go to him to make certain that their trusts are in order. Joan Riley 
Bryan Freeberg May 2, 2017.
