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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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.