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Probate

What Is Probate?

The legal process for handling a person’s estate, not otherwise addressed by a trust, is called “probate.” Some of the areas included in the process of probate are:

  • Collecting and “marshaling” the property and assets of the decedent.
  • Collecting all rights to income, dividends, etc.
  • Settling any contests or disputes that may arise.
  • Distribution and transferring remaining property to the heirs of the decedent’s estate, to those persons named in his will or estate plan or by way of the statutory provisions applicable to circumstances where there was no will.

California Probate Law

Probate Law is extremely technical in its content and even more so in how it must be competently and effectively executed. The process is particularly defined by statute, as set forth within the California Probate Code. The Probate Code consists of numerous detailed statutes that relate to just about everything imaginable as regards the affairs of deceased persons. The Probate Code also covers many other areas such as Guardianships, Conservatorships, and some of the other protective procedures designed for the welfare of incapacitated elders and others. Certain health care issues are also in large part addressed by the Probate Code, as are rules relating to Power(s) of Attorney. The Probate Code often cross-relates to other important statutory sources of law, such as California’s Welfare and Institutions Code and Health and Safety Code.

Our Probate Law Attorneys

It is the goal of Bochnewich Law Offices to have you, the client, avoid the probate process wherever possible through proper and effective advance trust and estate planning. The statutes pertaining to Trust Law are nevertheless incorporated within the California Probate Code, in all particulars of trust creation, accounting and administration and many other areas, also. Thus, an understanding and proficiency in this area of law in your legal counsel is important to you, the client.

Bochnewich Law Offices can properly address and execute upon what would need to happen in your matter.

Bochnewich Law Offices is fortunate to have a group of experienced attorneys and paralegal professionals whose professional practices are dedicated to working with the statutes, rules and interpretive court cases that embody Probate Law on a constant basis. Among our personnel, we are fortunate to have with us a former Probate Examiner of the Riverside County Superior Court, Probate Court, which is just one example of the depth of experience and dedication we have in this area of law. We can guide you through any probate process from initiation through all of the proper subsequent steps through conclusion. We will always strive to share our knowledge with you, in order that the sometimes arcane aspects of the probate process are made clear to you. It is our goal that you, the client, will understand and be comfortable with this legal process.

As chief litigation counsel for Bochnewich Law Offices, Peter Bochnewich has also applied this philosophy in over 20 years of practice. Mr. Bochnewich is available to prosecute or defend any litigated matter that may arise in the context of any probate administration. Bochnewich Law Offices has a respected reputation for being able to very successfully handle contested matters in the probate arena.

Our Office
  • Palm Desert Office
    43100 Cook Street
    Suite 203
    Palm Desert, California 92211
    Phone: 760-776-1377
    Fax: 760-776-1380
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