Probate Administration Lawyer in Hanford, CA

When a loved one passes away, families are often left to navigate grief and the complex legal process of probate administration. At Griswold LaSalle Cobb Dowd & Gin LLP, our estate planning and probate counsel understand how emotionally and logistically overwhelming this time can be. An experienced probate administration lawyer in Hanford, CA, can provide clear guidance, compassionate support, and strong legal advocacy throughout the entire probate process.

Whether you are dealing with a contested will, managing a high-value estate, or facing questions about California’s intestate succession laws, our team is ready to help you carry out your loved one’s final wishes while ensuring compliance with state law.

What Is Probate Administration?

Probate is the court-supervised legal process of distributing a deceased person’s estate. It ensures that debts are paid and assets are properly transferred to heirs or beneficiaries. If the deceased had a valid will, the probate process authenticates the will and oversees the distribution of assets according to its terms. If there is no will, California’s laws of intestate succession will determine who inherits the estate. Our Hanford-based probate attorneys provide legal guidance for executors, administrators, and beneficiaries at every stage.

Do All Estates in California Require Probate?

Not all estates need to go through formal probate in California. Several exceptions can allow for a simpler, more straightforward process. These exceptions include the following:

• Small estates: If the estate’s value is $184,500 or less, it may qualify for a simplified process via affidavit.
• Assets held in trust: Trust assets generally pass outside of probate.
• Joint tenancy property: Property held in joint tenancy passes automatically to the surviving co-owner.
• Payable-on-death accounts: Life insurance, retirement accounts, and bank accounts with named beneficiaries also bypass probate.

It’s worth noting that AB-2016 introduces notable amendments to the Probate Code, particularly in sections 13100, 13151, and 13154.

Starting April 1, 2025, AB-2016 allows the primary residence of a decedent to be transferred via petition if that real property does not exceed $750,000. (Ca. Prob. Code § 13151). This simplified petition process will only be available for the decedent’s primary residence and the successor must notify all heirs and devisees within five days of filing the petition. (Ca. Prob. Code § 13151).

If you are unsure whether probate is required, our attorneys can help evaluate the estate and recommend the appropriate path.

The Probate Process in California

The probate administration process generally involves the following key stages:

Filing the Petition for Probate

The process begins with filing a Petition for Probate with the Superior Court of California in Kings County. This petition formally requests the court to recognize the validity of the deceased’s will, if one exists, and to appoint an executor (if named in the will) or an administrator (if there is no will or the named executor is unable or unwilling to serve) to manage the estate.

Notice to Interested Parties

Once the petition is filed, the court will issue an order setting a hearing date. The estate administrator must provide notice of this hearing to all interested parties, including the deceased’s heirs, beneficiaries named in the will, and creditors. This ensures transparency and allows anyone with objections to the proceedings to voice their concerns.

Appointment of the Executor or Administrator

At the hearing, the court will review the petition and any objections filed. If everything is in order, the court will formally appoint the executor or administrator. This individual, often referred to as the personal representative, is then granted the legal authority to act on behalf of the estate. They will receive Letters Testamentary if there is a will or Letters of Administration if there is no will, which serves as official proof of their authority.

Inventory and Appraisal of Assets

The personal representative is responsible for identifying and collecting all of the deceased’s assets, which can include real estate, bank accounts, investment portfolios, personal property, vehicles, and life insurance policies. Once gathered, a court-appointed probate referee must formally appraise these assets. This appraisal establishes the fair market value of the assets as of the date of death, which is crucial for tax purposes and eventual distribution.

Payment of Debts and Taxes

A significant part of probate administration involves paying the deceased’s outstanding debts, including funeral expenses, medical bills, credit card balances, and any other valid claims against the estate. The personal representative must also properly file and pay the deceased’s final income taxes and applicable estate taxes if the estate exceeds certain thresholds.

Distribution of Assets to Heirs or Beneficiaries

After the personal representative pays all debts, taxes, and administrative expenses, they distribute the remaining assets to the rightful heirs or beneficiaries as outlined in the deceased’s will or according to California’s laws of intestate succession if there is no will. This often involves preparing accounts for the court’s review, obtaining court approval for the proposed distribution, and then transferring the assets to the designated recipients.

Closing the Estate

Once the personal representative has distributed all assets and fulfilled their duties, they will file a final accounting and petition for final distribution with the court. After the court reviews and approves this final accounting, it will issue an order for final distribution, and the estate will be officially closed, releasing the personal representative from their responsibilities.

Our legal team provides comprehensive support through each of these steps, ensuring compliance with the California Probate Code and protecting our clients’ interests.

Common Probate Issues and Litigation

While many probate cases proceed smoothly, various issues and potential litigation can arise, adding complexity and stress to the process. Our Hanford probate lawyers are adept at handling these challenges, including:

• Will contests: Disputes regarding the validity of a will can arise based on allegations of lack of testamentary capacity, undue influence, fraud or forgery, or improper execution. Defending or challenging a will requires a thorough understanding of California probate law and strong litigation skills.
• Trust litigation: If the deceased had a living trust, disputes can still arise regarding the interpretation of the trust terms, the actions of the trustee, or allegations of breach of fiduciary duty. Our probate team has experience in handling various types of trust litigation.
• Disputes among heirs or beneficiaries: Disagreements can occur regarding the distribution of assets, interpretation of the will or intestate succession laws, or actions of the personal representative. We can help mediate these disputes or represent your interests in court if necessary.
• Creditor claims: Disputes may arise regarding the validity or amount of claims filed by creditors against the estate. The personal representative must carefully review and potentially challenge these claims.
• Complex asset valuation: Valuing certain assets, such as closely held businesses, real estate with unique features, or valuable personal property, can be challenging and may require the expertise of specialized appraisers. Disagreements over valuation can lead to litigation.
• Breach of fiduciary duty by the personal representative: The executor or administrator has a fiduciary duty to act in the estate’s and its beneficiaries’ best interests. Allegations of mismanagement, self-dealing, or negligence can lead to legal action seeking to remove the personal representative and recover damages.
• Missing or unknown assets: Locating and securing all of the deceased’s assets can sometimes be a complex undertaking, requiring meticulous investigation and potentially legal action to recover property held by others.

A probate lawyer in Hanford brings sensitivity and strategic insight to these matters. They strive to resolve disputes efficiently, whether through negotiation, mediation, or litigation.

Understanding Intestate Succession in California

If someone dies without a valid will, referred to as dying intestate, California’s intestate succession laws determine how the estate is divided. The Probate Code lays out a hierarchy of heirs, beginning with the decedent’s surviving spouse, children, and parents and moving on to their siblings, grandparents, and other relatives.

Intestate succession can become complicated in cases involving stepchildren or adopted children, children born outside of marriage, estranged relatives, and simultaneous deaths. Our firm assists families in untangling these issues, ensuring the estate is distributed in accordance with California law.

How Our Hanford Probate Attorneys Can Help You

Navigating the probate process can be emotionally and legally demanding. Our experienced probate administration lawyers are here to provide comprehensive legal support and guidance, alleviating the burden on families throughout the San Joaquin Valley. Our attorneys can assist you with:

• Providing clear and compassionate guidance: We understand the sensitive nature of probate and will explain the process in plain language, ensuring you understand your rights and responsibilities.
• Filing the initial petition and necessary court documents: We will prepare and file all required legal documents with the Kings County Superior Court, ensuring accuracy and compliance with court rules.
• Identifying and valuing estate assets: We will work diligently to identify and secure all of the deceased’s assets and ensure they are properly appraised.
• Managing creditor claims and paying debts: We will assist in reviewing and managing creditor claims, ensuring only valid debts are paid.
• Handling tax matters: We can work with tax professionals to ensure all necessary estate and income tax returns are filed correctly and on time.
• Representing you in court hearings and proceedings: We will attend all necessary court hearings on your behalf and advocate for your interests.
• Facilitating the distribution of assets: We will prepare the necessary accountings and petitions for distribution, ensuring the assets are transferred to the rightful heirs or beneficiaries according to the will or intestate succession laws.
• Resolving disputes and litigation: Our experienced litigators will vigorously protect your rights and interests in court if disputes arise.
• Providing guidance on trust administration: If the deceased had a trust, we can provide guidance to the trustee on their duties and responsibilities.

Avoiding Probate in the Future

While we are here to help with probate when it is necessary, we also encourage proactive planning to avoid it altogether. Tools that help you do this include:

• Revocable living trusts
• Transfer-on-death deeds
• Beneficiary designations
• Joint ownership

We work with individuals and families throughout Kings County to create personalized estate plans that minimize the need for court involvement and promote peace of mind.

Why Choose the Probate Lawyers of Griswold LaSalle Cobb Dowd & Gin LLP

We know you have options when choosing a probate attorney. Griswold LaSalle Cobb Dowd & Gin LLP offers more than just legal guidance. We offer over 75 years of trusted service to families and businesses in Hanford and throughout Kings County. Founded in 1945, our firm has deep roots in the Central Valley and a longstanding reputation for excellence in legal representation. Here is why clients in the San Joaquin Valley continue to trust our firm:

• Local insight with deep community ties: As one of the oldest and most established law firms in Hanford, we understand the nuances of the local courts, including Kings County Superior Court, and have built strong relationships within the legal and civic community.
• Multi-disciplinary strength: Probate often intersects with real estate, business ownership, or agricultural interests. Our full-service team includes attorneys experienced in real estate, tax law, business law, and civil litigation, ensuring comprehensive support for even the most complex estates.
• Proven track record: Whether managing routine probate or litigating a contested will, our attorneys bring decades of combined experience to every matter. When needed, clients benefit from thoughtful strategies, detail-oriented administration, and seasoned courtroom advocacy.
• Client-focused service: We prioritize clear communication, timely updates, and practical guidance. Our approach is personal and professional. We are here to walk you through the process with compassion and clarity.
• Longstanding commitment to integrity: Our team holds itself to the highest ethical and professional standards. Our legacy of honesty, diligence, and legal excellence continues to guide our work with every client we serve.

From the first consultation to the final distribution of estate assets, our probate administration lawyers are ready to guide you with care, confidence, and a deep respect for your family’s needs.

Contact Our Hanford Probate Administration Attorneys Today

If you have been appointed as an executor or administrator, are a beneficiary of an estate, or are facing a probate dispute in Hanford, CA, it is crucial to seek legal guidance as soon as possible. Our experienced probate administration lawyers at Griswold LaSalle Cobb Dowd & Gin LLP can provide clear advice, experienced guidance, and unwavering support.

Contact us today for a confidential consultation to discuss your situation and learn how we can help you navigate the complexities of probate administration in Hanford. We are committed to providing you with peace of mind and ensuring the smooth and efficient transfer of your loved one’s assets.