What does a Probate Attorney do in the San Fernando Valley? There are several different types of probate attorneys.
A. A probate attorney who represents the executor or administrator.
B. An attorney who represents the interests of a beneficiary or heir.
C. The court's probate attorney, who reviews the documents filed by attorneys and makes recommendations to the probate judge.
A probate attorney who represents a fiduciary (such as the executor or administrator) advises that person on the day-to-day operation of the estate. He or she prepares an inventory with the information given to him/her by the executor, and then obtains an appraisal from a probate referee. The probate attorney also sends a notice to creditors regarding the existence of the estate. After the expiration of the creditor's claim period, if there is no litigation, the probate attorney will prepare a final accounting petition, asking the court to authorize distribution of the estate assets to the heirs or beneficiaries.
This type of lawyer reviews what is filed by the executor's attorney, and advises the heir or beneficiaries regarding his/her personal rights. The attorney would not normally file anything in court, unless there is a conflict between the heir and the executor. For example, if an executor has filed and accounting, if the beneficiary has objections to it, he/she would hire a beneficiary's lawyer to review the documents, or to file an objection to an accounting.
In Los Angeles County, the Court has its own set of probate attorneys (not us) who review the pleadings and forms filed in court, and advise the judge. These attorneys do not give advice to the public, and merely put out probate notes, pointing out, what other information the court needs to approve the probate papers.
Call our probate attorney in the San Fernando Valley for advice and probate service: 818-340-4479
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