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Mifsud & Mifsud Advocates
Valletta, Malta

Founded in 2007
8 people in their team
Maltese
English
Mifsud & Mifsud Advocates is a business law firm, which has competencies in civil and commercial litigation, IP law, property law, immigration law, family law and shipping and maritime law. We also offer corporate services services for our corporate clients. The Firm is also part owner of a...
Oran Partners

Oran Partners

1 hour Free Consultation
Istanbul, Turkey

Founded in 2016
10 people in their team
English
Turkish
Oran Partners stands out as the only law firm in Turkey focused entirely on medical malpractice. Our team of committed trial lawyers specializes in representing international individuals affected by medical negligence and their families. We bring a wealth of insight from both the medical and legal...

Founded in 2007
14 people in their team
English
Konstantinos Darivas & Associates | Trusted Law Firm in Athens, GreeceAt Konstantinos Darivas & Associates, we are a dynamic Athens-based law firm offering high-level legal services across a wide range of practice areas. With decades of experience and a strong reputation in civil, criminal,...
Mwale Law Advocates LLP
Nairobi, Kenya

Founded in 2013
7 people in their team
English
French
Swahili
Kikuyu
About UsMwale & Co. Advocates is a hallmark of legal distinction in Kenya. With a rich heritage in offering specialized services in numerous legal realms including Corporate and Commercial Law, Banking Law, Capital Markets Law, Intellectual Property Law, Telecommunications Law, Internet and...
OLM Law Advocates LLP

OLM Law Advocates LLP

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2021
10 people in their team
English
Who We Are:OLM Law Advocates LLP is a leading full-service law firm in Kenya, recognized for delivering exceptional legal services tailored to diverse clients. Our clientele includes individuals, dynamic corporations, esteemed financial institutions, governmental, and non-governmental...
Lafs Legal

Lafs Legal

30 minutes Free Consultation
Bangkok, Thailand

Founded in 2022
10 people in their team
Thai
English
Russian
About Us: LAFS Legal, situated in the heart of Bangkok, stands as a distinguished boutique law firm that epitomizes dedication and precision. We are unwavering in our commitment to offer meticulously crafted, efficient, and competitively priced legal solutions tailored specifically to the...
Law Office of Charles and Associates
Basseterre, St Kitts and Nevis

Founded in 2012
6 people in their team
English
Charles & Associates is a full-service law firm that has offices in Valsayn, Trinidad and Tobago as well as Basseterre, St. Kitts and Nevis. Practice areas include divorce and custody, access, company searches, litigation, corporate secretarial and governance, mortgages and conveyancing,...
Yuen Law LLC
Clarke Quay, Singapore

Founded in 2012
40 people in their team
English
Chinese
Yuen Law LLC is a highly accoladed Singapore law practice established in 2012. Our practitioners are highly experienced in sale and purchase of companies and assets, joint ventures, venture capital, corporate law, fintech regulations, disputes resolution, family law and trusts, and conveyancing....
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Asma Tanveer Randhawa Advocate
Islamabad, Pakistan

Founded in 2004
7 people in their team
English
Legal Services OfferedFamily & Personal LawFamily Matters: Court marriage, divorce (including Christian, Shia, Sunni divorces), custody of children, khula, dower, dowry, maintenance, protection for women against harassment and domestic violence, and forced marriage.Legal Certificates:...
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GORDO LAW FIRM

GORDO LAW FIRM

30 minutes Free Consultation
Cebu City, Philippines

Founded in 2025
3 people in their team
English
Tagalog
Gordo Law FirmFull-Service Law Office in Cebu | Criminal, Civil, Family, Labor, Immigration & Corporate LawGordo Law Firm is a full-service legal practice based in Cebu City, Philippines, offering strategic legal assistance to Filipinos, expatriates, foreign businesses, OFWs, and startups....
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Probate Legal Questions answered by Lawyers

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Inherited land
Estate Planning
Probate
Elder Law
Will & Testament
يرجي الاتصال بنا 00966505577206 
My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c
Estate Planning
Civil & Human Rights
Probate
Hello:We are sorry to hear about the passing of your husband, and we extend our deepest condolences.Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property transfer to your child in the Philippines can be lawfully facilitated under Philippine succession laws.Here are some important legal points and possible remedies:1. Extrajudicial Settlement of Estate (if there is no will)If your husband died intestate (without a will), and there are no other compulsory heirs aside from your child, you may execute an Extrajudicial Settlement of Estate with Waiver of Rights in favor of your child. This must be:Signed by you as the surviving spouse,Notarized and registered with the Registry of Deeds,Accompanied by a notarized Affidavit of Self-Adjudication or Waiver, if applicable.If the property is titled in your husband's name, the title must be transferred first to the estate, and then to your child.2. Judicial Settlement (if there is a dispute or complications)If:There are other legal heirs,There is no agreement on the partition,Or if a will exists that needs probate,Then a petition for judicial settlement must be filed before the Philippine court having jurisdiction over the property.3. Tax Clearance & Title TransferTo legally transfer the title, the following must also be secured:BIR Certificate Authorizing Registration (CAR),Estate tax clearance,Updated real property tax payments,Transfer of title with the Registry of Deeds.We recommend an initial consultation so we can properly review your husband’s death certificate, property documents, marriage certificate, and your child’s proof of identity. This way, we can assist you in completing all required steps without requiring you to travel to the Philippines.You may directly schedule and automatically get a Google Meet link using the link below:👉 https://calendar.app.google/MuALV3nLqedy9FCx6Our Contact Information:📧 Email: [email protected]📞 Phone/Viber/WhatsApp: 09175046510📍 Office: 5th Floor, Park Centrale Building, IT Park, Apas, Cebu City, 6000We look forward to helping you secure your child’s rightful inheritance.Best,Atty. Jofre RecososaOwner, Recososa Law Firm
can filipino probate lawyers make a California trust?
Will & Testament
Probate
Elder Law
Contact me on WhatsApp >>> +38970704335 <<< I can help you.Regards,

About Probate Law

Probate law involves the legal process that occurs after a person dies, during which their estate is distributed to beneficiaries and any outstanding debts are settled. This process ensures that the deceased's will is followed and that any disputes or legal claims against the estate are resolved fairly. Probate courts oversee the process, ensuring that all aspects of the will and estate distribution comply with local laws. While probate can be a straightforward process in some cases, it can also become complex, particularly if the estate is substantial or if there are disputes among potential heirs or creditors.

Why You May Need a Lawyer

There are numerous situations in which a lawyer's expertise may be invaluable during the probate process:

  • The deceased left behind a will with unclear or ambiguous terms, leading to potential disputes.
  • The estate is extensive or includes complex assets such as businesses, investments, or international properties.
  • There are creditors making claims against the estate's assets.
  • Family disputes arise over the distribution of the assets, requiring mediation or legal intervention.
  • The executor of the will lacks the expertise to navigate the probate process efficiently.
  • Concerns about potential fraud or undue influence affecting the will’s validity.

Having a knowledgeable probate lawyer often streamlines the process, mitigates stress for the families involved, and ensures a fair and legal distribution of the estate.

Local Laws Overview

Local laws play a significant role in the probate process and can vary significantly from one jurisdiction to another. Key aspects often include:

  • Filing Requirements: The process usually begins with filing the will and other necessary documents with the local probate court.
  • Executor’s Duties: The appointed executor or personal representative must manage estate tasks, including asset inventorying, appraising assets, and settling debts.
  • Time Limits: Jurisdictions often have specific time frames within which certain actions must be taken, such as contesting a will or filing claims by creditors.
  • Small Estate Processes: Many areas have simplified procedures for estates under a certain value.
  • Spousal Rights: Surviving spouses may have rights to specific portions of the estate, which could override the terms in the will.

Understanding these local laws in advance can help guide expectations and inform decisions throughout the probate process.

Frequently Asked Questions

1. What is the purpose of probate?

Probate serves to validate the deceased's will, resolve any claims or disputes involving the estate, and oversee the fair distribution of assets to beneficiaries while settling debts.

2. How long does probate take?

The timeline for probate can vary greatly, typically lasting a few months to over a year depending on the complexity of the estate, the presence of any disputes, and local court schedules.

3. Can probate be avoided?

Yes, employing estate planning tools like trusts, joint ownership, and payable-on-death accounts can help bypass the probate process.

4. What happens if someone dies without a will?

If a person dies intestate (without a will), their estate is distributed according to local intestacy laws, which usually prioritize spouses, children, and other close relatives.

5. Is probate necessary if there's a valid will?

Often, probate is still required to validate the will and ensure proper administration but may be simplified under certain conditions based on the estate's size and local laws.

6. What is an executor's role?

An executor manages the estate, including taking inventory, appraising assets, paying debts, filing taxes, and distributing assets according to the will's terms.

7. Can an executor be removed?

Yes, if an executor fails to perform their duties, mismanages the estate, or conflicts of interest arise, beneficiaries or interested parties can petition the court for their removal.

8. Are probate records public?

Generally, probate records are considered public records and can be accessed by interested parties, unless otherwise sealed by the court for specific reasons.

9. How are disputes during probate resolved?

Disputes are typically resolved through negotiation and mediation, but they may go to court if an agreement cannot be reached among interested parties.

10. What fees are involved in probate?

Costs may include court fees, attorney fees, executor fees, appraisal fees, and other administrative expenses, varying by jurisdiction and the estate's complexity.

Additional Resources

For those seeking more information or assistance, the following resources may be helpful:

  • Local Probate Court: Most jurisdictions have official websites providing information on procedures, forms, and contact details.
  • State Bar Association: Offers lawyer referral services and general legal information about probate.
  • American Academy of Estate Planning Attorneys: Provides educational resources and tools for estate planning and probate.
  • National Association of Probate Judges: Offers insights and resources relevant to probate law and practice.

Next Steps

If you believe you need legal assistance for a probate matter, consider these steps:

  • Consultation: Arrange a consultation with a probate attorney to discuss your specific situation and explore legal options.
  • Documentation: Gather all pertinent documents, such as the will, financial statements, and any correspondence related to the estate.
  • Research: Familiarize yourself with local probate laws to better understand your position and the potential outcomes.
  • Legal Representation: Retain a qualified probate attorney to guide you through the necessary legal processes and represent your interests.

Proactively seeking legal advice can help prevent costly and time-consuming errors and ensure an efficient probate process.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.