Probate attorneys can handle all aspects of probate for you. These include listing all the property and assets, paying the debts and taxes, and collecting funds owed to the deceased. The attorney can also settle disputes for the estate, handle claims from creditors, and file tax returns. Then, when it’s time for the assets to pass through probate, the probate lawyer can distribute the property to the legal heirs.
If an estate goes through probate, the proceedings are available and open to the public. If you want to keep your affairs private, you can use a living will instead. A living will allow you to distribute your assets without going through probate, keeping the proceedings private. California Probate and Trust, PC will go over the benefits of a will and trust during your Family Legacy Strategy Session. Then, you can determine which path you want to take when creating your estate plan.
Estates that are worth less than $150,000 do not have to go through probate. However, you must file a Small Estate Affidavit to avoid probate. This affidavit must be signed under oath and has to include real estate property. If the estate meets the requirements, the assets can be passed onto the beneficiaries without probate. If you’re unsure if your estate will need to go through probate, California Probate and Trust, PC can examine your case and provide legal guidance.