Legal Question in Wills and Trusts in California

Yes, the distribution of property only occurs as of to the assets at the time of the death. If the estate owes more than its assets, then it has no assets to give to the heirs.

The probate lawyer is acting on behalf of the executor of the estate; the executor of the estate has a specific duty to recover all of the assets of the estate for purposes of administration of the estate expenses, payment of creditor claims, payment of executor fees, payment of attorney fees and distribution to the heirs ratably and inorder stated in the will of the deceased. Inorder for the executor to carry out the above, the executor may have to have an auction conducted to turn the items into cash inorder to carry out his stutory duties as executor.