Nothing is more difficult than losing a loved one. During this time of grief, our team understands that no one wants to try to navigate the complexities of legal, financial, or tax implication of probate and estate administration. Our mission is to help you effortlessly navigate the probate process through our team’s comprehensive legal advice and guidance. Throughout the probate process, we use an educational approach, which will give you a clear and concise understanding of each step of the process.
California Probate and Trust, PC handles all aspects of probate around the Bay Area and throughout California. We have designed our worry-free Probate solution to help families navigate the legal process with minimal effort, so you can focus on the things or people that matter.
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Probate is a long legal process, which can often last over a year. This process has a multitude of critical rules and regulations for your specific state, county, and even the judge has probate-specific legal boundaries to adhere to.
Our mission is to make this process feel as painless as possible by completing all the necessary paperwork and attending all scheduled court hearings on your behalf. We want to make your life easy, make probate easy, and get you past this quickly.
Dustin MacFarlane and the team at California Probate and Trust, PC have dedicated their careers to helping California residents with their legal needs pertaining to Wills, Trusts, and Probates. We have worked with thousands of Californians just like you. With a dedicated focus on estate planning, we have over a decade of successfully helping our clients navigate the complexities of the Probate legal process and helping them deal with their loved one’s estate.
The legal team at California Probate and Trust, PC 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. We proudly help clients throughout San Francisco and the surrounding areas. We are here to support you in tackling legal questions, honoring your loved one’s wishes, and settling their estate properly and efficiently. Don’t take this on alone, contact our Bay Area probate attorneys for help.
Find out how our attorneys can help you create your estate plan (wills, trusts, power of attorney, Advanced Medical Directives) during your free consultation.
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!
Call, email, or visit as much as you want without paying more with flat-fee court-approved legal fees. No hourly bills; no surprises.
California Probate and Trust, PC is confident that you’ll be pleased with our legal services. In fact, we are so confident that you will have a great experience that if you are dissatisfied, we will refund your money and will donate $100 to the charity of your choice.
We will provide free 12-month access to our online document storage.
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!
Our team is passionate about helping Californians by providing compassionate legal counsel to guide them through life’s most difficult situations.
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.
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.
Next, the probate court waits for the decedent’s creditors to try to get paid. The creditors have four months to make a claim for payment. Once the creditors are notified and paid, the executor conducts an inventory and appraisal of the estate. All other debts and taxes are also paid.
Below are a few of the most common questions asked of our San Francisco Probate Lawyers.
Some assets are generally NOT subject to probate in California. If you leave any such assets to your beneficiaries, they will receive them upon your death without the requirement of the Probate process.
Probates are rarely simple. Some face tax issues, questions about the Will, financial asset problems, debt, and the occasional unhappy family member. Without proper legal guidance, the probate process could last for years, and your loved one’s last wishes might not be honored.
The most significant consequence of a mistake during probate is time; lost time. This is because you generally cannot just “fix” the mistake. Instead, you need to schedule another hearing. Most Probate courts are very busy, and the next available hearing date could be three to five months away. Lost time is the enemy. Time gives creditors more opportunity to file a claim. It provides more time for family members to contest. Real estate or stock markets may change, causing lost profits. We have worked with hundreds of families just like yours. And while mistakes can occur, we do everything possible to avoid mistakes. Because we understand that you want this wrapped up as quickly as possible, that’s what we do.
If an estate goes through Probate, the Probate records and documents are available and open to the public. This includes your Will, your assets, and all your debts. Your children’s names, dates of birth, addresses, and phone numbers. The whole world will know exactly how much money you left each child. The world will also learn how much you owe in back taxes, credit cards, and other debts. Your whole life will become public information.
If you want to keep your affairs private, you can use a Trust instead. A Trust allows you to distribute your assets without going through Probate, keeping the proceedings confidential. California Probate and Trust, PC will review the benefits of a Will and a Trust during our initial discovery meeting. Then, you can determine which path you want to take when creating your estate plan.
To avoid probate in California, the gross value of an estate must be no larger than $184,500. (For deaths before April 1, 2022, the minimum gross value of an estate requiring probate was anything over $166,250.) Understand that this is gross, not net value. For example, if you die today owning a house valued at $500,000, with a loan of $400,000, the equity in the home is $100,000. But for probate purposes, the gross value of $500,000 will trigger the requirement of the probate. Furthermore, executor and legal fees are based on a percentage of the gross value. This means that executor and legal fees are higher even though the amount of equity is modest.
Estates valued below these amounts do not have to go through probate. However, you must file a Small Estate Affidavit and still have to go to court and get a judge’s signature. This affidavit must be signed under oath and must include real estate property. 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.