| Alan R. Horvath, Attorney at Law |
| Probate - Counsel |
The Personal Representative is expected to retain counsel to assist in all necessary interface with the court. This
includes the initial filing, plus an inventory, an accounting, notices to creditors and beneficiaries, reporting claims to the court
and whether they are accepted or denied. The personal representative's final report will have to show what estate funds
were needed for creditors, and how the balance was allocated among beneficiaries according to the will. This final allocation
is often not what was envisioned in the will if assets do not equal those assumed at the time of writing the will.
For his services, counsel is by statute entitled to the same fee as the personal representative. This payment is made from
the funds of the estate at the close of probate.
In addition to the standard filing requirements listed above, counsel will often have to assist the executor in dealing with a
variety of disputes. These could include initial disputes as to who will be named personal representative, and go on from
there to include disputes involving possession of property, disputes involving the validity of claims, and disputes among
beneficiaries concerning the interpretation of the will.
includes the initial filing, plus an inventory, an accounting, notices to creditors and beneficiaries, reporting claims to the court
and whether they are accepted or denied. The personal representative's final report will have to show what estate funds
were needed for creditors, and how the balance was allocated among beneficiaries according to the will. This final allocation
is often not what was envisioned in the will if assets do not equal those assumed at the time of writing the will.
For his services, counsel is by statute entitled to the same fee as the personal representative. This payment is made from
the funds of the estate at the close of probate.
In addition to the standard filing requirements listed above, counsel will often have to assist the executor in dealing with a
variety of disputes. These could include initial disputes as to who will be named personal representative, and go on from
there to include disputes involving possession of property, disputes involving the validity of claims, and disputes among
beneficiaries concerning the interpretation of the will.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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