Probate is a long legal process, often lasting over a year. You must follow legal regulations, fill out the appropriate forms, and attend scheduled court dates. While some estates easily move through probate, others face tax disputes, questions about the will, financial problems, and heavy debt. You could also experience a probate dispute or need a guardianship for a minor who has inherited property. Without proper legal guidance, the estate could end up stuck in probate for years, and your decedent’s last wishes might not be honored. R. Dustin McFarlane is an experienced probate lawyer. He will guide you through the process, ensuring that you meet your legal obligations, settle the estate’s debt, and finally honor your loved one’s wishes. Instead of attempting to navigate the process yourself, contact California Probate and Trust, PC for help.
Some assets aren’t subject to probate in California. If you leave any such assets to your beneficiaries, they will receive them immediately upon your death.
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After you complete the Probate process, you’ll know firsthand that the process is not worth repeating. CPT will give you a $1,500 credit toward your own personal estate plan. Probate is too much work to expect your spouse or your children to repeat the process.
Save time and money with a 60-minute Family Legacy Strategy Session. During this session, you can talk with an estate planning attorney about your goals and your estate planning options.
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Probate is a complicated process that consists of various components. First, the family must file a petition to probate the will, and then the court appoints someone to handle the estate’s affairs. This person is referred to as the executor. Next, the probate court publishes notices to the decedent’s creditors. Once the creditors are notified, the executor conducts an inventory and appraisal of the estate. Debts are paid next, and finally, the assets are distributed, and the estate is closed. Due to the complexity, most people prefer to navigate the process with probate attorneys by their side. The attorney will work with the executor to ensure the probate process runs smoothly.
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.