The pain of losing a loved one can be crippling. Nevertheless, for the ownership of the decedent’s property to be transferred, you must file probate.
In California, this legal process allows the court to oversee the distribution of the deceased’s assets to their beneficiaries as per state laws or their will. However, what will happen if you don’t file probate? Read on to find out.
What Are The Legal Consequences of Failing to File Probate?
Failure to file a petition to probate the decedent’s estate has these potential legal consequences:
- Heirs or family members can’t access the deceased’s properties, including bank accounts and real estate.
- Debts may accumulate as creditors are legally allowed to make claims against the decedent’s property, and their loved ones can’t open a bank account to repay what is owed.
- Disputes among family members over the distribution of the deceased’s assets may arise, especially if there’s no official record of the decedent’s desires or a will.
- Delays and problems in managing the decedent’s property since its title remains in their name.
- The beneficiaries may face tax problems that can only be resolved through probate, which may result in additional financial liability.
- Executors who fail to file probate could face criminal charges, and the heirs might remove them as the administrators.
Filing probate is recommended to avoid these consequences and ensure that the decedent’s heirs inherit their assets.
Who Is Responsible for Filing Probate?
The person listed in it or the executor should take care of probate for a decedent with a will. Working with a probate lawyer in the Bay Area is the best move here because they can offer legal advice regarding the process.
Nevertheless, if you’re the executor and don’t want to file probate or cannot for various reasons, then a close family member (a spouse, an adult child, a parent, a grandchild, or a sibling) can do it. This is also the case if the deceased didn’t have a will. The decedent’s relatives should decide on the best person to handle probate with the help of a Walnut Creek probate lawyer.
How Does Probate Ensure Proper Asset Distribution?
Probate ensures the deceased assets are correctly distributed by:
- Validating the decedent’s will (if there is one).
- Identifying all the deceased’s assets.
- Ensuring that all outstanding debts owed by the decedent are paid.
- Resolving any disputes among family members or heirs.
- Ensuring the remaining assets (after all debts are cleared) are distributed among the designated beneficiaries according to state laws or the will.
How Can You Avoid Probate Issues?
The easiest way to avoid probate issues is to steer clear of common mistakes made during the process, which include:
- Not partnering with a trustworthy probate lawyer in the Bay Area.
- Failing to file probate within 120 days (4 months) of the death.
- Not notifying creditors and heirs of the deceased.
- Inaccurately appraising the deceased’s assets.
- Mismanaging estate funds before beneficiaries inherit the assets.
Probate Attorney Cynthia C. Sayegh is Here to Help!
If you’re the administrator of the decedent’s estate or a relative who needs an experienced and reliable Walnut Creek probate lawyer to guide you through probate, you can count on Cynthia’s legal assistance.
At the Law Office of Cynthia C. Sayegh, we have successfully helped many people ensure their loved one’s wishes are fulfilled, even without a will. Contact us today to discuss your probate needs.