Probate & Estate Administration

Legal Representation During the Probate Process

Probate is the formal term used to describe the process of transferring a person's assets after death, according to the terms of his or her will or other estate planning documents. The personal representative named in the will usually seeks legal assistance with the probate administration process.

In situations where a person has constructed an estate plan so as to completely avoid probate, there will still be many financial and legal actions to conduct after death. The process of performing accounting and distribution functions for an estate outside of the probate process is sometimes known as estate administration.

Anderlini & Emerick LLP ∙ San Mateo, California

Anderlini & Emerick LLP, is a small, professional law firm with a strong estate planning practice. Our attorneys are veterans of the California legal system, with decades of experience planning, administering and litigating wills and trusts.

One of the primary benefits of working with Anderlini & Emerick LLP, is the personal attention our clients receive from our senior partners. P. Terry Anderlini and Merrill G. Emerick have both received high ratings* from their peers in the legal profession and are widely respected for their ethical approach to clients' legal issues.

Basics of the Probate Administration Process

When we manage probate administration on behalf of personal representatives, we take care of every aspect of the probate administration process from start to finish. Some of the most common tasks involved in probate administration include:

• Collection and accounting of all property of the decedent
• Arranging for payment of all debts, claims and taxes owed by the estate
• Collection of all income owed to the estate, in the form of income, dividends or other proceeds
• Settlement or litigation of disputes or will contests
• Distribution or transfer of the remaining property to the heirs

In addition, we are equipped to handle more unusual requests on behalf of personal representatives or beneficiaries. In particular, we handle special petitions to the probate court to allow the personal representative to take actions to protect the estate's assets. These actions may include listing a property for sale, selling a property, engaging legal counsel to make claims for or defend claims against the estate, and to allow for early distribution of assets to a beneficiary because of financial difficulties.

Learn More About Our Estate Planning Services or Schedule an Appointment

Additional information about estate planning topics is available on the following pages of our Web site: Estate Planning, Wills & Trusts, Estate Litigation and Estate Tax Planning.

Contact Anderlini & Emerick LLP, to schedule an appointment with one of our veteran estate planning lawyers. Call 877-312-9694 or 650-242-4884, or send us an e-mail.

* Both Mr. Anderlini and Mr. Emerick have been selected for inclusion in Northern California Super Lawyers. Also, Mr. Anderlini enjoys an AV Peer Review Rating under Martindale-Hubbell's peer review system. Mr. Emerick has a BV Peer Review Rating. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards. CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies.