The last thing you want to do after losing a beloved family member is worry about legal processes. The legal proceedings wrapped up in probate can be daunting for anyone not acquainted with the laws involved. When an estate undergoes the probate process, there is paperwork to be filled out, court hearings to attend, and deadlines to adhere to. When these cases arise, a Garden Grove probate lawyer can prove essential to your case and to your peace of mind.

The probate process is a serious affair. It ensures that you or your loved one’s assets and legacy are correctly passed on to the proper heirs after death. It can be complicated and expensive, and errors can easily be made that can waste both money and time. An asset attorney from Sweeney Probate Law can guide you and your loved ones through these proceedings and provide some reassurance, knowing that your rights and interests are being advocated for in a court of law.

What Is Probate?

When someone passes, their affairs must be legally settled. Under certain circumstances, these affairs are settled through probate court. This court proceeds over the execution of the deceased’s estate. However, since most estates come with their own set of specific details and nuances, the proceedings for probate do not look alike. However, the usual process of probate typically includes the elements outlined below:

• A petition for probate is filed
• A probate court hearing is attended
• If a will exists, its validity is proven or disproven
• An executor for the estate is appointed, either as named in the will or trust or as chosen by the courts
• The deceased’s assets are all collected and valued
• Creditors, beneficiaries, and heirs are notified of the deceased’s passing and are made aware that the estate is going into probate
• Debts owed by the estate are satisfied
• Property and assets are distributed to named heirs and beneficiaries of the estate

These necessary tasks involved in probate can seem overwhelming, which is where an experienced Garden Grove probate attorney can step in and offer their assistance. The path of probate can be daunting, but you don’t have to walk it alone. Sweeney Probate Law can offer the support and help you are looking for.

Let Sweeney Probate Law Work for You and Your Family

After the death of a family member, emotions run high, and dealing with the division of an estate can lead to excessive amounts of stress and tension between loved ones. At Sweeney Probate Law, I, William Sweeney, strive to alleviate the stress and anxiety that can come along with legal proceedings of any kind. With more than 40 years of experience, I can bring the knowledge and understanding of probate law necessary to answer your questions with compassion and care.

With a focus on client advocacy, Sweeney Probate Law is here to guide you through all your legal options when it comes to probate and the distribution of your loved one’s estate. A probate lawyer can exhaust every avenue available to ensure your loved one’s wishes are followed and can aggressively litigate on your behalf to make sure you are not overlooked during the process of asset distribution. Whatever your situation, Sweeney Probate Law is here to help.

When Is Probate Necessary?

While the reality is that not every estate must pass through probate in the state of California, it can become necessary should your family member pass with sole ownership of their assets. In contrast, if your family member passes and leaves assets that have a designated beneficiary or were jointly owned, the probate process is not necessary. Assets that do not need to pass through probate court may transfer automatically to the beneficiary or joint owner at the time of the individual's passing. Examples of these kinds of assets might include:

• Policies for life insurance
• Assets held within a trust
• POD or “payable on death” accounts
• Property that is held jointly between tenants with a right of survivorship

There also might be alternative routes to full probate proceedings if your estate stands below a specific value. You may be eligible to file for a Small Estate Affidavit. Beneficiaries may also be able to receive distributions of the estate if certain factors are met when filing a Petition to Determine Succession to Real Property. Additionally, the surviving spouse of the deceased may be able to file a Spousal Property Petition in order to avoid probate.

A skilled Garden Grove probate lawyer can review the exact circumstances of your situation, your loved one’s estate, and the possible probate options available to you. At that point, your lawyer can determine which course of action might be correct for your unique case.

How Long Does the Probate Process Take?

Unfortunately, there is no real way to know how long the probate process might take in your specific situation. The timeline for probate typically depends on the complexity of the estate itself and how soon following the death the courts can schedule the necessary hearings. From beginning to end, the entire process of California probate can take a couple of months to a few years.

California estates with high-valued assets, assets that are difficult to assign values to, or ones that have high tax implications, such as a business, can take a while longer to process through probate versus estates that hold only a small number of low-valued bank accounts. Additionally, if the deceased individual passes without having a will in place, the probate process can be further stretched out.

How Can I Avoid Probate?

Beyond the time and costs involved in the probate process, it can also be emotionally challenging and draining. The only true avenue to avoid the process entirely is to completely remove all property and assets from the deceased individual's estate. However, this should be done before their passing and completed through the correct type of estate planning. Once the individual has passed, you must handle whatever kind of situation and estate plan they left behind.

You may be able to proceed through probate via more simplified means, such as requesting a Petition for Succession to Real Property, a Small Estate Affidavit, or a Spousal Property Petition. Working with a trained legal professional can help you evaluate all of your options.

What Is the Average Cost for Probate?

The costs involved in California probate typically depend on the complexity of the estate passing through the courts and how challenging it might prove to correctly administer. Costs involved in probate usually include expenses for court filing fees, compensation of the executor of the estate, fees for notification publication, and any costs for certain services like attorneys, accountants, and appraisers. There are also several factors that can impact these costs, such as:

• The value of the estate
• The type of assets involved in the estate
• Whether you decide to hire a lawyer or not
• If the involved estate is engaged in any outside litigation
• The estate planning documents of the deceased
• The kind of probate proceedings the estate falls under

It is important to keep in mind that the deceased individual's estate typically pays for the costs of probate fees.

What Is Probate Code 4265 in CA?

In the state of California, the process that handles the transfer of property and assets from a deceased person’s estate to their heirs or beneficiaries is known as probate. Certain California laws, known as “probate code,” regulate and manage all the aspects involved in the planning and distribution of an estate.

Under California probate code 4265, any power of attorney, which is a legal document that allows someone to act on an individual’s behalf, cannot authorize an attorney-in-fact to publish, make, declare, revoke, or amend the acting principal’s will.

What Is Section 4264 in the California Probate Code?

Section 4264 of the California probate code, an acting attorney-in-fact has the ability to perform certain actions on behalf of the principal or on behalf of the principal’s property only if the power of attorney, which is the legal document that allows them to act on the principal’s behalf, grants them this authority.

These actions might include creating, modifying, revoking, or terminating a trust, in part or as a whole. They may also be allowed to grant or revoke a gift of the individual's property in the trust or otherwise. Additionally, they can make a loan to the attorney-in-fact, assign or change the assignment of certain assets to beneficiaries, and change or create survivorship interests.

Contact a Trusted Garden Grove Probate Lawyer Today

Losing a loved one is difficult - full of grief and uncertainty. Adding the challenge of probate court makes this experience even more difficult. When these situations arise, seek out a trusted probate lawyer. I, William Sweeney, can assist you in navigating this complicated legal process and offer you my decades of experience. From determining which course of action to take to helping value certain assets to handling any negotiation or litigation necessary, I can support you.

Working with an attorney who is experienced in probate law can help you get through this process as quickly and efficiently as possible. When the time comes to undergo this process, no one should do so alone. Don’t settle for anything less than the highest amount of legal experience and skill. Contact the offices of Sweeney Probate Law today and allow a professional to review your case, offer advice, and offer you the peace of mind of knowing that someone has your back.