James Duberg Attorney At Law

James Duberg Attorney at Law has over 39 years of experience in estate planning in the Chula Vista, California area. With a heart for families, James aims to alleviate the difficulty estate planning can sometimes entail. James can also help with business formation and consultations are free. Contact him today. Probate is carried out to verify the validity of the decedent's last will and testament, or to aid in the distribution of assets in the event that no estate planning documents are present. Probate is conducted in your state’s probate court and can take anywhere from months to years to fully complete. In order to conclude the process, several key actions must be taken. The first step of probate is validation of the will. A petition must be filed at the probate court in the deceased person’s last county of residence. At this time, the court will verify the validity of the will given that a copy of the will and the decedent's death certificate are provided. Next, an executor must be appointed. The executor is the person who will gather and guard the decedent's assets, pay debts and taxes, and distribute assets following the terms of his or her will. Following the appointment of an executor is the inventory of the estate. At this time, all assets must be appraised to determine the estate’s total value. Debts and taxes must then be paid before asset distribution may occur. However, it is important to note that estate taxes are not required if the decedent resided in the state of California. Once all other matters have been attended to, the decedent's beneficiaries may receive their inheritances as designated by the will.