Merced Estate Administration Attorney
California lawyer advises executors and administrators in probate cases
Estate administration can be a weighty task for anyone grieving the loss of a relative or close friend. An estate executor or administrator is responsible for managing the decedent’s estate by collecting assets, paying debts and taxes and distributing what's left to the rightful heirs or beneficiaries. Faltering in those duties can lead to losses of estate value and can place you in legal jeopardy. The probate process is technical and confusing for those not experienced in this area of law. Administration could be delayed repeatedly if proper procedure is not strictly followed. If you are saddled with these tasks anywhere in Central California, you can trust a Merced probate and estate administration attorney at Curry and Curry to take you step by step through the process and provide trustworthy guidance from start to finish.
The probate process for California estates
Probate is a court proceeding in which a decedent’s will is validated and their estate is settled. In California, as of 2025, probate is required for most estates exceeding $184,500 in gross value or including real property worth over $61,500, unless assets are in a trust or have designated beneficiaries. The process begins when the person named as executor in the will files a petition for probate in the county where the decedent resided. The court issues “letters testamentary,” formally authorizing the executor to act on behalf of the decedent’s estate. The executor must send notice of probate to beneficiaries named in the will and heirs who would inherit under intestate succession laws. Probate can take nine to 18 months, depending on the estate’s complexity, and involves statutory attorneys’ fees and executor/administrator fees (e.g., 4 percent of the first $100,000, with a sliding scale for larger estates). Summary probate for small estates is available.
The role of the executor or administrator
The executor (named in a will) or administrator (appointed if no will exists) manages the estate administration process. Their duties include:
- Notifying heirs, beneficiaries, creditors and other interested parties
- Making an inventory and valuation of assets
- Paying debts and taxes
- Distributing assets per the will or California’s intestate succession laws as ordered by the court
Executors and administrators are fiduciaries, which means they are legally obligated to act in the best interest of the estate. They have a duty of care and loyalty and may face personal liability for estate mismanagement. If you are serving in this role, an experienced estate administration attorney can ensure compliance with the California Probate Code and obtaining court approval.
Inventory and valuation of assets
The executor or administrator must compile an inventory of the decedent’s assets, including real estate, bank accounts, investments, vehicles and personal property. In California, assets are valued at their fair market value as of the date of death. Professional appraisals are required for real property and all other non-cash assets. The executor or administrator files an Inventory and Appraisal form with the court within four months of appointment.
Distributing the estate
After the estate’s debts, administrative costs and taxes are paid, distribution of the remaining assets to beneficiaries can be made. The executor or administrator first files a Petition for Final Distribution, detailing receipts, disbursements and proposed distributions. Beneficiaries must be given notice and can object. A dedicated and experienced attorney can guide the executor through this process and help resolve any beneficiary disputes.
Common estate contests and litigation
Our Merced estate planning lawyers work to avoid disputes through clarity in testamentary documents, such as wills and trusts. However, estate administration can be delayed by such challenges as:
- Will contests alleging undue influence, fraud, or lack of capacity, particularly in high-value estates
- Disputes over asset valuation
- Allegations of executor or administrator misconduct
In California, will contests must be filed within 120 days of a will’s admission to probate. Litigation may prolong probate and deplete estate assets. Experienced counsel can assist in resolving or defeating disputes efficiently, whether through mediation or court proceedings.
Contact our California estate administration attorneys
The lawyers Curry and Curry in Merced guide executors and administrators through all facets of estate administration, with the goal of settling a decedent’s affairs properly and promptly. To schedule a consultation, please call 209-720-3912 or contact us online.
