Fullerton Probate Lawyer

Dealing with the grief of a loved one can be a devastating, complicated process. Unfortunately, going through probate often only increases the stress on grieving family members. In California, estates must go through probate to ensure the deceased’s wishes are carried through. If you are currently dealing with the death of a loved one and need help administering their estate, you should consult a Fullerton probate lawyer from our firm.

What Is Probate in California?

Probate is the legal term used to describe the process of transferring a deceased person’s estate and property to their beneficiaries. If the deceased left a valid estate plan, their beneficiaries and the court will work together to administer the estate according to their wishes. Probate can be a complicated process, as it deals with a wide range of assets, debts, and complex legal matters. If you are about to begin probate in Fullerton, do not wait to get assistance from our skilled team.

What Are the Steps of the Probate Process in California?

The probate process consists of several steps, all of which are handled by the executor of the estate. An executor is the person named in a deceased person’s will to distribute their assets. If there is no executor named in a will, the court will appoint an administrator to handle all paperwork, which is usually a close relative or the primary beneficiary of your assets. The steps of the probate process go as follows:

• The will, if there is one, determines the executor of the estate. The executor then hires a probate lawyer to prepare and file a Petition for Probate with their local probate court.
• The lawyer notifies everyone in the will of their loved one’s death and publishes their death in the newspaper so creditors are aware of the death. The lawyer also notifies all parties of the probate hearing.
• At the hearing, the court determines if the will is valid, and if there are no objections, the court officially appoints the personal representative of the estate or the executor. Again, this is usually the same person outlined in the will.
• The executor identifies, takes possession of, and manages the estate’s assets. This includes real assets like real estate and other assets like bank accounts, cars, investments, and so on. When presenting the deceased’s property to the court, the executor must also have the property appraised.
• The executor pays any taxes or debts that the deceased person owes. Sometimes, the executor is required to sell assets to pay outstanding debts or taxes.
• The executor distributes what remains of the property as the will directs (if there is no will or directive, the court determines the distribution of property).
• The estate is formally closed. Having a lawyer help you close the estate is beneficial.

As one can see, this process can be timely and requires a considerable amount of paperwork to be filed. Ignoring one step can stall the process and may lead to your hard-earned assets being mismanaged. An experienced, compassionate, and capable lawyer from Kevin Rice, Attorneys at Law, can help you avoid mistakes.

Must My Estate Go Through Probate in California?

Probate is not necessary in every case. The estates of individuals who do not own property or who have created trusts will likely not need to go through probate. However, if you own property or own multiple properties, including for a business, or if you have outstanding debts or owe taxes, probate may be unavoidable. It is wise to speak with a Fullerton probate lawyer to determine if your estate must go through probate.

The biggest factor in determining if your estate must go through probate is the value of your assets. In California, if your property value or your assets are over the threshold of $184,500, you will likely have to go through probate. Be sure to have your property value and come prepared with all documentation before meeting with your lawyer.

How Long Does the Probate Process Take in California?

The probate process in California varies in length. In Fullerton, the executor has a year from the date of appointment to complete probate. However, if they file a federal estate tax, they can take up to 18 months. If there are complications in the process, for instance, if there are any disputes amongst family members or miscalculations in property values, the executor must put that in writing to extend the timeframe.

How Much Does Probate Cost in California?

In California, the cost of probate is set by law as a percentage of the estate. There are also fees that should be factored into the total cost of probate. Some of the costs and fees are appraisal costs, executor fees, court costs, and legal and accounting fees. Additionally, if someone decides to contest the will, litigation may be necessary, further driving up fees.

Why Should I Hire an Attorney to Handle My Probate Case?

You deeply care for your loved ones, and when you pass on, you want them to be protected. The last thing you want is for your hard-earned assets to be distributed to undeserving parties or for a court to decide who receives your assets. Hiring an attorney can help to ensure your wishes are fulfilled, even when you’re no longer here.

How Do Taxes Affect Probate in California?

Taxes are another factor that plays an important role in the probate process. Your executor can ensure all of your taxes and debts are paid before distributing your estate, and a compassionate and experienced lawyer can help in this process. Your lawyer can also mediate disagreements amongst your loved ones and help your executor avoid mistakes and meet deadlines.

Your Fullerton Probate Team

Deciding how your estate is distributed can be an emotional but necessary process. Therefore, it is important to ensure you have the proper paperwork in place if your estate must go through probate. At Kevin Rice, Attorneys at Law, we have years of experience handling probate cases and can also assist you in helping you create an estate plan. We care about your case and want to ensure your wishes are fulfilled. Contact us today for a consultation regarding your probate case.