California Probate Lawyer
The death of anyone we cared for is always a difficult time. After the initial grieving process, you may be tasked with handling their estate and ensuring that their final wishes are carried out. This can be incredibly complex and confusing, especially if you are unfamiliar with California probate law.
That’s where a California probate lawyer can come in handy. A probate lawyer is a legal expert who specializes in California probate law and can help you navigate the process of handling a loved one’s estate.
At Sweeney Probate Law, we have a team of experienced California probate lawyers who can help you manage each step of the probate process. Whether you need help filing the initial paperwork, handling the estate’s finances, or distributing the assets to the beneficiaries, we can help.
What Is Probate in California?
The legal process of handling the estate of a deceased person, including distributing the person’s assets to heirs and paying off any taxes or debts owed by the estate, is called probate. If the deceased person left a valid will, the executor named in the will administers the estate as it is written in the terms of the will. If the deceased person did not leave a will, the court appoints an administrator to administer the estate.
In either case, the administrator or executor is responsible for identifying and inventorying the deceased person’s assets, paying taxes and debts owed by the estate, and distributing any remaining assets to the proper beneficiaries.
Probate can be lengthy and complicated, especially if it’s a large estate or there is disagreement or litigation among the beneficiaries. An experienced probate lawyer can help you navigate the process and protect your interests.
What Items Need to Be Addressed During the Probate Process?
Certain key elements must be taken care of to complete the probate process successfully. These include:
- Will validation. The first step in the probate process is to ensure the will is valid. This includes ensuring it was properly executed and meets all the requirements of California law.
- Witness validation. For a will to be valid, it must be signed by witnesses. These witnesses must also sign an affidavit attesting to the validity of the will. This ensures that the will is not a fake or forged document.
- Asset inventory and identification. All of the deceased person’s assets must be identified and listed. This includes property, bank accounts, stocks and investments, and any other valuable possessions.
- Asset appraisal. Once all of the assets have been identified, they must be appraised to determine their value. This is important for tax purposes and for distributing the estate.
- Notifying creditors. Once the assets have been identified and appraised, creditors must be notified. This allows them to file claims against the estate and ensures that they are paid.
- Paying taxes and other debts. All debts and taxes must be paid from the estate before any assets can be distributed to the beneficiaries. This includes any outstanding loans, credit card debt, and taxes owed to the state or federal government.
- Distributing assets. Finally, the assets of the estate are distributed to the beneficiaries according to the terms of the will. This may involve selling property, distributing cash, or transferring ownership of assets.
The probate process is intense, but it is important to ensure that it is done correctly. An experienced probate lawyer can help you navigate the process and protect your estate planning law interests.
Common Probate Obstacles That Could Arise
Probate can be lengthy and filled with obstacles, especially if there are disputes among the heirs or beneficiaries. Hiring an experienced California probate lawyer can help you avoid some of the common problems that could arise during probate, such as:
- Disputes among heirs or beneficiaries. One of the most common problems during probate is disputes among the heirs or beneficiaries. This can happen when someone is left out of a will or when there is disagreement about how the assets should be distributed. These disputes can often be resolved with the help of a mediator or an experienced probate lawyer.
- Problems with the will. Another common problem during probate is problems with the will. This can happen when the will is not properly executed or when there is disagreement about its validity. These contested scenarios can dramatically delay the probate process as the court must find ways to assess the validity of the will and minimize the contention among the heirs or beneficiaries.
- Creditor claims. One of the responsibilities of the executor is to pay off any debts of the deceased. However, if there are not enough assets that cover all of the debts, the creditors may try to file claims against the estate. This can delay the probate process and cause problems for the beneficiaries.
- Disputes over the inheritance. In some cases, the beneficiaries may disagree about who is entitled to certain assets. This can happen when there is disagreement about the meaning of a provision in the will or when there is confusion about who owns certain property. These disputes will need to be resolved by the court before the probate process can be completed.
These common problems can delay the probate process, cause problems for the beneficiaries, and make it more expensive. Hiring an experienced California probate lawyer can help you avoid these common problems and make the probate process proceed smoothly and efficiently.
What Assets Qualify for Probate?
Not all assets are subject to probate in California. However, these are some of the most common types of property that will go through probate:
- Real estate (including homes, vacation property, undeveloped land, and commercial property)
- Bank accounts
- Retirement accounts
- Life insurance policies
- Stocks and bonds
- Personal property (such as cars, boats, jewelry, collections, and furniture)
If you are not confident whether a particular asset will go through probate, it is best to consult with a California probate lawyer.
How Can Probate Be Avoided?
Probate can be a time-consuming and taxing process. However, there are ways to avoid probate in California.
One way to avoid probate proceedings is to create a revocable living trust. With a living trust, you can transfer ownership of your assets to the trust while you are alive. After your death, all assets identified in the trust will be distributed to your beneficiaries without going through probate.
Another strategy to avoid probate is to name a beneficiary for your assets. For example, you can identify someone you know to receive access and control of your bank accounts, retirement accounts, and life insurance policies. When you die, the assets will be transferred to your beneficiaries without going through probate.
Also, you can give away your assets while you are alive. For example, you can give a home to your children or grandchildren. If you give away assets while you are alive, they will not be subject to probate after your death. These are just some of the ways to avoid probate in California.
Why Hire a California Probate Lawyer?
The probate process can be overwhelming for any non-legal professional. Many important deadlines must be met, and the process can be very confusing.
A probate lawyer can help you:
- Save time. A probate lawyer is familiar with all deadlines, paperwork, and requirements associated with probate. This is where people often lose the most time because they miss essential tasks that an attorney would know to do.
- Save money. Probate lawyers can help you avoid costly mistakes. For example, if you incorrectly file a document, you may have to start the probate process over from the beginning and re-file the document correctly.
- Communicate with other parties. Probate lawyers can help you communicate with the executor, administrator, beneficiaries, and creditors. Keeping everyone in the loop on what is happening in the probate process helps to avoid anyone being surprised by outcomes or overlooked in the process.
- Understand your rights. Probate lawyers can help you understand your rights as a beneficiary or heir. This is important because the average person does not have a lot of experience with probate law. Without briefings from an attorney, you could be taken advantage of by other beneficiaries or the executor.
These value adds are just a few reasons why it is in your best interest to hire a probate lawyer to help you through California estate law proceedings.
Contact a Probate Attorney Sweeney Law Today
The passing of a loved one is never easy, and when it comes to dealing with the aftermath and estate planning, it is often difficult to know where to turn. At Sweeney Probate Law, our team of experts has the knowledge and compassion to help you through this difficult time.
We understand that no two cases are alike, which is why we offer a personalized approach to each one of our clients. We will take the time to get to know you and your family, so we can best understand how to help you through this difficult time.
To learn more about estate planning or how we can help, contact Sweeney Probate Law today.
To schedule a consultation in Irvine, call me toll free at 800-575-9610 or locally at 760-989-4820. I enjoy meeting in person whenever possible, but am also available via Skype and email.
California Probate Lawyer
The death of anyone we cared for is always a difficult time. After the initial grieving process, you may be tasked with handling their estate and ensuring that their final wishes are carried out. This can be incredibly complex and confusing, especially if you are unfamiliar with California probate law.
That’s where a California probate lawyer can come in handy. A probate lawyer is a legal expert who specializes in California probate law and can help you navigate the process of handling a loved one’s estate.
At Sweeney Probate Law, we have a team of experienced California probate lawyers who can help you manage each step of the probate process. Whether you need help filing the initial paperwork, handling the estate’s finances, or distributing the assets to the beneficiaries, we can help.
What Is Probate?
The legal process of handling the estate of a deceased person, including distributing the person’s assets to heirs and paying off any taxes or debts owed by the estate, is called probate. If the deceased person left a valid will, the executor named in the will administers the estate as it is written in the terms of the will. If the deceased person did not leave a will, the court appoints an administrator to administer the estate.
In either case, the administrator or executor is responsible for identifying and inventorying the deceased person’s assets, paying taxes and debts owed by the estate, and distributing any remaining assets to the proper beneficiaries.
Probate can be lengthy and complicated, especially if it’s a large estate or there is disagreement or litigation among the beneficiaries. An experienced probate lawyer can help you navigate the process and protect your interests.
What Items Need to Be Addressed During the Probate Process?
Certain key elements must be taken care of to complete the probate process successfully. These include:
- Will validation. The first step in the probate process is to ensure the will is valid. This includes ensuring it was properly executed and meets all the requirements of California law.
- Witness validation. For a will to be valid, it must be signed by witnesses. These witnesses must also sign an affidavit attesting to the validity of the will. This ensures that the will is not a fake or forged document.
- Asset inventory and identification. All of the deceased person’s assets must be identified and listed. This includes property, bank accounts, stocks and investments, and any other valuable possessions.
- Asset appraisal. Once all of the assets have been identified, they must be appraised to determine their value. This is important for tax purposes and for distributing the estate.
- Notifying creditors. Once the assets have been identified and appraised, creditors must be notified. This allows them to file claims against the estate and ensures that they are paid.
- Paying taxes and other debts. All debts and taxes must be paid from the estate before any assets can be distributed to the beneficiaries. This includes any outstanding loans, credit card debt, and taxes owed to the state or federal government.
- Distributing assets. Finally, the assets of the estate are distributed to the beneficiaries according to the terms of the will. This may involve selling property, distributing cash, or transferring ownership of assets.
The probate process is intense, but it is important to ensure that it is done correctly. An experienced probate lawyer can help you navigate the process and protect your estate planning law interests.
Common Probate Obstacles That Could Arise
Probate can be lengthy and filled with obstacles, especially if there are disputes among the heirs or beneficiaries. Hiring an experienced California probate lawyer can help you avoid some of the common problems that could arise during probate, such as:
- Disputes among heirs or beneficiaries. One of the most common problems during probate is disputes among the heirs or beneficiaries. This can happen when someone is left out of a will or when there is disagreement about how the assets should be distributed. These disputes can often be resolved with the help of a mediator or an experienced probate lawyer.
- Problems with the will. Another common problem during probate is problems with the will. This can happen when the will is not properly executed or when there is disagreement about its validity. These contested scenarios can dramatically delay the probate process as the court must find ways to assess the validity of the will and minimize the contention among the heirs or beneficiaries.
- Creditor claims. One of the responsibilities of the executor is to pay off any debts of the deceased. However, if there are not enough assets that cover all of the debts, the creditors may try to file claims against the estate. This can delay the probate process and cause problems for the beneficiaries.
- Disputes over the inheritance. In some cases, the beneficiaries may disagree about who is entitled to certain assets. This can happen when there is disagreement about the meaning of a provision in the will or when there is confusion about who owns certain property. These disputes will need to be resolved by the court before the probate process can be completed.
These common problems can delay the probate process, cause problems for the beneficiaries, and make it more expensive. Hiring an experienced California probate lawyer can help you avoid these common problems and make the probate process proceed smoothly and efficiently.
What Assets Qualify for Probate?
Not all assets are subject to probate in California. However, these are some of the most common types of property that will go through probate:
- Real estate (including homes, vacation property, undeveloped land, and commercial property)
- Bank accounts
- Retirement accounts
- Life insurance policies
- Stocks and bonds
- Personal property (such as cars, boats, jewelry, collections, and furniture)
If you are not confident whether a particular asset will go through probate, it is best to consult with a California probate lawyer.
How Can Probate Be Avoided?
Probate can be a time-consuming and taxing process. However, there are ways to avoid probate in California.
One way to avoid probate proceedings is to create a revocable living trust. With a living trust, you can transfer ownership of your assets to the trust while you are alive. After your death, all assets identified in the trust will be distributed to your beneficiaries without going through probate.
Another strategy to avoid probate is to name a beneficiary for your assets. For example, you can identify someone you know to receive access and control of your bank accounts, retirement accounts, and life insurance policies. When you die, the assets will be transferred to your beneficiaries without going through probate.
Also, you can give away your assets while you are alive. For example, you can give a home to your children or grandchildren. If you give away assets while you are alive, they will not be subject to probate after your death. These are just some of the ways to avoid probate in California.
Why Hire a California Probate Lawyer?
The probate process can be overwhelming for any non-legal professional. Many important deadlines must be met, and the process can be very confusing.
A probate lawyer can help you:
- Save time. A probate lawyer is familiar with all deadlines, paperwork, and requirements associated with probate. This is where people often lose the most time because they miss essential tasks that an attorney would know to do.
- Save money. Probate lawyers can help you avoid costly mistakes. For example, if you incorrectly file a document, you may have to start the probate process over from the beginning and re-file the document correctly.
- Communicate with other parties. Probate lawyers can help you communicate with the executor, administrator, beneficiaries, and creditors. Keeping everyone in the loop on what is happening in the probate process helps to avoid anyone being surprised by outcomes or overlooked in the process.
- Understand your rights. Probate lawyers can help you understand your rights as a beneficiary or heir. This is important because the average person does not have a lot of experience with probate law. Without briefings from an attorney, you could be taken advantage of by other beneficiaries or the executor.
These value adds are just a few reasons why it is in your best interest to hire a probate lawyer to help you through California estate law proceedings.
Contact Sweeney Probate Law Today
The passing of a loved one is never easy, and when it comes to dealing with the aftermath and estate planning, it is often difficult to know where to turn. At Sweeney Probate Law, our team of experts has the knowledge and compassion to help you through this difficult time.
We understand that no two cases are alike, which is why we offer a personalized approach to each one of our clients. We will take the time to get to know you and your family, so we can best understand how to help you through this difficult time.
To learn more about estate planning or how we can help, contact Sweeney Probate Law today.
To schedule a consultation in Irvine, call me toll free at 800-575-9610 or locally at 760-989-4820. I enjoy meeting in person whenever possible, but am also available via Skype and email.