Brea Probate Lawyer

Brea Probate Attorney

Probate is an involved process that can be emotionally charged, as it addresses how your finances should be addressed by your family members after you have died. An experienced and reliable attorney can be invaluable for alleviating any stress that may arise. Furthermore, the laws surrounding probate vary by county, so hiring a Brea probate lawyer can ensure your hard-earned estate is distributed according to your wishes.

What Is Probate?

Probate is the legal term for the process of distributing a deceased person’s estate, including all assets and property, to their appropriate beneficiaries. It is an essential step of the complete estate planning process. An executor legally appointed by the deceased person to distribute their assets is responsible for ensuring each step of the process is executed. They also work with a lawyer and the court so that the process is legally binding.

The Probate Process in California

The probate process is straightforward. However, it contains many parts, which can confuse and overwhelm some people. This is why hiring a lawyer can be helpful and sometimes essential. The steps of the probate process are as follows:

1. Drafting the will – This step technically happens before the probate process. The will names the executor, and if there is no will, the court will appoint an administrator.
2. Hiring a probate attorney – The executor hires a probate lawyer to prepare and file a Petition for Probate with their local probate court.
3. Notification – Either the executor or lawyer notifies the family and the public of the deceased person’s passing and of the probate hearing. The death may also be published in the newspaper to notify creditors.
4. The probate hearing – The will is deemed valid or invalid at the probate hearing. This is when the executor legally and officially becomes the administer of the estate.
5. Asset management – This is a critical step where the executor takes possession of and manages the assets. All assets are included in this step, and any property should be appraised.
6. Paying taxes and debts – If the deceased person owes taxes or has outstanding debts, the executor should pay them. In some cases, they must sell off assets to pay off debts or taxes.
7. Distributing the assets – Following the will or directive, the executor distributes the estate’s assets according to the deceased person’s wishes.
8. Close the estate – This is the final step. Once the assets are distributed, a competent lawyer can help the executor close the estate.

Is Probate Necessary?

One of the biggest factors for determining the necessity of probate is the size of the estate. California specifically has a threshold of $184,500, so if your asset value is over this amount, you will likely have to go through probate. This is why it is essential to have your property valued and your paperwork in order before hiring a lawyer who can guide you through the process.

How Much Does Probate Cost in California?

The cost of probate in California is set by law and is calculated as a percentage of the estate. These fees are paid to the administrator and the attorney. Additionally, there may be other fees, such as appraisal fees, court fees, or even lawyer fees, if a loved one contests the will.

The Importance of Hiring an Attorney

Everyone deserves to have their wishes fulfilled when they die, and the probate process exists to make this happen. The last thing a person wants is for a judge to decide who receives their assets. Furthermore, skipping one step or neglecting to file a piece of paperwork in a timely manner can stall the process. Hiring a competent probate attorney is beneficial in ensuring each step is followed in a timely manner and all expectations are set up front.

Many attorneys also serve as mediators when family disputes arise during the process. Sometimes, families respect the wishes of their loved ones, but conflict and dissatisfaction may still occur. An experienced and caring lawyer from Sakamoto & Ruelas, APC can help mitigate any conflict and keep everyone focused on common goals.

FAQs

What Is the Average Cost for a Probate Attorney in California?

The average cost for a probate attorney in California varies depending on many factors, such as location, the time commitment of the probate process, and the attorney’s experience. Since fees can vary so widely, it is crucial to share the details of your estate with an attorney during a consultation so your attorney can provide you with a more accurate estimate of what costs to expect according to your particular circumstances.

Do I Need a Lawyer for Probation in California?

It depends. While some people may choose to navigate the process themselves, it is a timely and complicated process that requires a substantial amount of paperwork. For this reason and more, it is highly recommended to hire a lawyer. Since probate lawyers have experience and specific knowledge with laws surrounding the probate process, they can make the process easier to navigate.

How Long Does the Average Probate Take in California?

The timeline for probate in California varies. In Brea, the executor has a year from the date of appointment to complete probate. This timeframe can be extended if the client files a federal estate tax. It is also important for the executor to document any complications that arise in the process, or else they may not qualify for an extension

What Assets Are Exempt from Probate in California?

There are several assets that are exempt from probate in California. To start, if your estate is under the threshold of $184,500, it does not have to go through probate. However, there are other assets that do not require probate such as assets with beneficiaries, assets that are held in a trust, property that isn’t located in California, and assets that are jointly owned.

Hire a Brea Probate Lawyer Today

Not all estates go through probate, but when they do, hiring a lawyer makes all the difference.  Being an executor is a serious role that involves considerable liability; it can also be stressful. You do not have to go through this process alone. At Sakamoto & Ruelas, APC, we understand each step of the process and would be honored to help you navigate it. Contact us today for a consultation.