Orange Probate Lawyer

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Orange Probate Lawyer
Orange Probate Lawyer

Orange Probate Attorney

The loss of a loved one is a difficult and emotional experience. Following their passing, their assets and property may enter probate. If this occurs, you will be forced into dealing with creditors, asset distribution, and more while grieving the loss of your loved one. Fortunately, you don’t have to handle your executor duties without legal help. Choosing an experienced Orange probate lawyer can make the process easier and less stressful, allowing you time and space to grieve.

What Is Probate?

Probate is a legal process of administering the estate of a deceased person. In most cases, the decedent has left a will that directs the executor about how their property and assets will be distributed.

Testate and Intestate Probate

In California, the term “testate” describes the situation where someone passes away with a valid will, while “intestate” refers to a person passing away without a valid will. The intestate process can be more complex and time-consuming for everyone involved, as there is no framework to show the decedent’s wishes.

  • Testate: When a person passes away testate, that means there is a will, and a person is named as an executor within this will. The executor will file the will with the local probate court, where they will be officially named the executor. This person will ensure debts and taxes are paid, collect any money owed, and overall ensure the estate is divided and distributed as laid out in the will.
  • Intestate: When a person passes away intestate, state law dictates how their estate is distributed. The probate court will appoint an executor tasked with identifying potential heirs and settling the estate’s debts and taxes. After, the court will determine how the assets are distributed. Typically, the surviving spouse or domestic partner receives the largest portion, with children, parents, or siblings potentially receiving shares as outlined by the probate code. If the decedent’s estate is worth less than the amount set as the probate limit, you may be able to avoid court and have the property transferred to you through the use of a Small Estate Affidavit. But keep in mind that you cannot use it to transfer real property like a house, building, or land. This process also cannot be used if a probate case has already been opened or it has been less than 40 days since the decedent passed.
    Some assets are not subject to probate in California, including:

    • Assets in revocable and irrevocable trusts
    • Assets that are automatically passed to a surviving spouse
    • Payable on death assets
    • Life insurance or other benefits that have a beneficiary named
    • Jointly owned assets

Avoid Probate by Estate Planning

With proper estate planning, you could alleviate some of the stress your loved one will experience after your death. Our seasoned estate planning lawyers can guide you through the estate planning process to build a comprehensive plan that can minimize the potential impact of probate on your estate.

Some benefits of estate planning are:

  • Protection: Proper estate planning can protect your assets from creditors and lawsuits to ensure your heirs receive as much inheritance as possible.
  • Save time and money: Probate can be a costly and long process. Being adequately prepared can help your family avoid the burden of all the fees and expenses that come with the probate process.
  • Control: When you create an estate plan, you have more control over how your property and assets will be distributed upon your death.
  • Privacy: Since probate is a court process, all the details of your estate are public information. Estate planning can help keep your personal and financial affairs private.

Estate planning typically includes writing a will, creating a living trust, granting power of attorney, setting up health care directives, making beneficiary designations, deciding on guardianship for minor children, and planning for estate taxes.

Probate Attorney Role

A probate attorney in Orange, CA provides guidance to individuals throughout the probate process, offers legal counsel, and handles document preparation and court filings. They bring knowledge and experience to potential legal proceedings, manage asset distribution, and ensure legal protocol compliance. An experienced probate attorney will understand state-specific regulations to ensure the process is efficient and legal with minimal familial conflict and protection for the estate and its beneficiaries.

City of Orange, CA Probate FAQs

How Do I Start the Probate Process?

To start the probate process in California, you must file a petition for probate with the superior court in the county where the deceased person lived. If not already specified in a will, the court will appoint an executor or administrator to manage the estate and oversee the process.

How Can My Family Avoid Probate When I Pass Away?

If you’re experiencing a difficult probate situation with a loved one, we understand that you may be looking for a way to avoid or streamline the probate process. To avoid probate in California, you can create a Living Trust, set up Joint Ownership of property, set up payable-on-death designations for bank accounts, and transfer-on-death registration and deeds for securities, real estate, and vehicles. Your financial situation is unique, so consult with a probate lawyer at Sakamoto & Ruelas, APC.

How Long Does It Take to Settle Probate in Orange, California?

There is no clear answer for how long probate will take to settle. It depends on the complexity of the estate, whether there are any disputes among beneficiaries, and court system efficiency and scheduling. In California, the process can last anywhere from months to years, depending on the circumstances of the estate.

Do I Have to Have a Probate Attorney in California?

No, you are not legally required to hire a probate attorney. However, navigating the proceedings can be complex and time-consuming, especially if you’re not familiar with the legal requirements and procedures. Having a probate attorney on your side can ensure your case is handled correctly and efficiently, ultimately saving you time, money, and stress.

What Costs Come With Probate in California?

Probate costs in California include court fees, executor fees, attorney fees, appraisal fees, and other administrative expenses. The total costs will depend on the size and complexity of the estate. If you want to understand the costs of your case, you should consult a probate attorney to help you anticipate potential costs.

Contact Our Orange, CA Probate Lawyers Today

Probate law can be difficult and confusing, but reaching out to an experienced probate attorney at Sakamoto & Ruelas, APC can provide a strong foundation for moving forward. Contact us today to set up an initial consultation.

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