California Probate and Trust, PC handles all aspects of probate, from cataloging assets to distributing property.
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 probate can proceed smoothly, it is relatively common to 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, probate can drag on for years, and your decedent’s last wishes might not be honored.
California Probate and Trust, PC has offices in Fair Oaks, Sacramento and San Francisco to guide you through the probate 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 your free consultation.
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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THE PROBATE PROCESS
Are you looking for a “probate lawyer near me” to answer your questions about California probate law, but you aren’t sure which is the right choice?
The probate lawyer you choose is important decision to guide you through the 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.
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.