California Probate Lawyer
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.
Assets Not Subject to Probate
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.
- All assets in revocable and irrevocable trusts
- Jointly owned assets
- Life insurance and other benefits that name a beneficiary
- Payable on Death assets
- Assets automatically passed to the spouse
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Why Choose California Probate and Trust, PC?
1 Free Consultation
Find out how our attorneys can help you create your estate plan (wills, trusts, power of attorney, Advanced Medical Directives) during your free consultation.
2 Quick-Start No Money Down
Get started now, with no money out of pocket. The faster you start, the faster you will reach the end. And it won’t cost you a dime to get the ball rolling!
3 Flat-Fee Billing
No hourly bills; no surprises. Simple and easy-to-understand estate planning services.
4 100% Satisfaction Guarantee
We are so confident that you will have a great experience that if you are dissatisfied, we will refund your money and donate $100 to the charity of your choice.
5 Electronic Document Storage
We will provide free 12-month access to our online document storage.
6 VIP Administrative Assistant
We are here to serve you. If you need copies or scans, let us know. If you need legal documents emailed to a title company or insurance agent, we are here to help. Just ask. And the best part - it’s FREE!
7 Empathetic and Knowledgeable
Our team is passionate about helping Californians by providing compassionate legal counsel to guide them through life’s most difficult situations.
8 Trust Credit
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.
9 Family Legacy Strategy Sessions
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.
10 Free Calls for Life
Our team is always here to support and serve our clients. We answer calls, return messages and emails, and ensure to that you can get the answers that you need. This free service is part of the over-the-top service you deserve.
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THE PROBATE PROCESS
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.
WHAT DOES A PROBATE LAWYER DO?
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.
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Is Probate Private?
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.
Do All Estates Go Through Probate?
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.