Palm Desert Probate Attorney
When a loved one passes away, the last thing their family members want is to spend time in court arguing over inheritances. Unfortunately, if someone dies without a comprehensive estate plan in place, their surviving relatives will be forced to undergo the probate process to transfer or inherit property from the estate. A last will and testament serves as an important starting point for an estate plan, but even with a legally valid will in place, heirs cannot access their inheritances until probate is complete.
Probate laws can be extremely confusing, and even seemingly minor mistakes can significantly delay the probate process or result in expensive probate litigation.
If you have been named the executor of a loved one’s estate, you will be expected to gather a great deal of paperwork, appraise and inventory assets, communicate with beneficiaries and creditors, and perform a wide variety of critical tasks on behalf of the estate. Securing legal representation from an experienced Palm Desert probate attorney is essential for ensuring this process goes as smoothly as possible and that you are prepared to efficiently handle any unexpected issues that may arise. Review the following information to learn about probate in California, then contact Sweeney Probate Law to discuss your case.
What Is Probate?
Probate refers to a court-supervised process of verifying a will, assigning a representative to administer the estate, and distributing assets to named beneficiaries. California Probate Code sets the rules and regulations for the probate process, and the probate court is responsible for approving and overseeing the administration of the estate. If a decedent leaves behind a will, probate confirms the validity of the will and gives the designated executor the legal authority to execute the terms of the will. If a will cannot be located, the court will appoint an administrator, who is required to distribute all the estate assets that would have passed through the will according to intestate succession laws. In this case, assets are distributed to surviving spouses or children first, then siblings, parents, and grandchildren, and so forth to increasingly distant relatives.
Is Probate Necessary?
Most of the real and personal property the decedent owned during their lifetime is subject to probate, which encompasses all property owned solely in their name and half of any community property acquired during marriage. This includes tangible assets (homes, vehicles, furniture, art collections, family heirlooms, etc.) as well as intangible assets (checking and savings accounts, stocks, interests in a business, intellectual property rights, etc.). However, certain assets are not considered subject to probate and, therefore, can be transferred to beneficiaries without involvement from the probate court. These include:
- Assets with named beneficiaries (such as bank accounts, retirement plans, and life insurance policies)
- Accounts with payable-on-death designations
- Stocks, bonds, or other brokerage accounts with transfer-on-death designations
- Real estate with a transfer-on-death deed
- Vehicles with transfer-on-death registration
- Property owned in joint tenancy with others
- Property with right of survivorship
- Property held in a living trust
If the total value of the probate estate is under $166,250, the estate may also qualify for a summary probate procedure, which is quicker and more cost-effective than traditional probate. A Palm Desert probate attorney can determine whether you are eligible for this option.
What Is the Difference Between a Probate Attorney and an Estate Planning Attorney?
Estate planning attorneys help clients get their legal and financial affairs in order before they pass away. This includes drafting a will that clearly outlines their wishes for asset distribution after death, designates beneficiaries to receive these assets, and names a guardian to care for their minor children. Anyone can benefit from creating an estate plan, regardless of age, health status, income, or the size of their estate. A complete estate plan should also include provisions for clients that apply if they become incompetent, incapacitated, or otherwise unable to make decisions. This includes:
- A financial power of attorney to make financial or business decisions on their behalf
- A medical power of attorney to make medical or healthcare decisions on their behalf
- A living will to stipulate their instructions for medical care and name the agent who should receive the medical power of attorney
- A living trust that transfers ownership of your property into a trust account and names a trustee to distribute this property to beneficiaries
Probate attorneys share some of the same responsibilities as estate planning attorneys, such as advising clients on setting the terms of their will, but they typically focus on managing a person’s estate after they pass away. If a will is left behind, the probate attorney first ensures the will is legally valid. They can then help the executor understand their duties and assist them with the probate process, as well as handle any issues that require probate litigation. In the absence of a valid will, they can ensure that the assets are distributed to the decedent’s closest living relatives in accordance with the law.
Do I Need an Attorney for Probate?
While it is not always necessary to hire an attorney to probate an estate, a Palm Desert probate attorney can play a crucial role in making this process as seamless and efficient as possible. An attorney can explain how the law applies to your specific case, determine whether the estate qualifies for a streamlined probate procedure, identify beneficiaries, and help them obtain access to benefits. They can assist the executor in fulfilling their duties, from handling the technical aspects of estate administration, such as submitting court documents and preparing an accounting of the estate, to managing the communication between the executor and the beneficiaries, creditors, and other parties involved in the estate. This includes helping to settle an insolvent estate in the event that the decedent had more debts than assets.
Handling a loved one’s affairs can be a sensitive task, and an attorney can become a valuable mediator if conflicts arise. If family members have unrealistic expectations about their inheritances or suspect the will is not valid, an attorney can navigate these delicate situations with an objective eye to reduce tension and reach a reasonable solution.
If the beneficiaries believe that the estate administrator is breaching their fiduciary duty, such as by failing to accurately disclose estate information or using the estate assets for their own gain, they can petition the court to remove the administrator from this role. They may also file a compensatory claim to recover damages for any financial losses suffered by the estate. In rare cases, the administrator assigned by the probate court could even be charged with fraud, theft, or embezzlement. An attorney can help to prevent these situations and limit your personal liability if you have been named administrator for a large or complex estate.
How Much Does a Probate Attorney Cost in California?
The California Probate Code establishes specific statutory fees for attorneys and personal representatives who administer the estate. The statutory fee is calculated as a percentage of the total value of the probate estate, or the assets and properties that pass through probate. Real estate, bank accounts, business interests, investments, and personal property are subject to probate, so they are included in the total value of the probate estate. Any debts against probate assets are not taken into account when determining statutory fees. The court has the discretion to approve a higher fee if the attorney performs extraordinary services.
Statutory probate fees for attorneys consist of:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
If the probate estate is valued at over $25 million, the court will determine a reasonable fee.
Secure Expert Legal Representation for Probate
For many families, probate is complicated, expensive, and particularly overwhelming to navigate while mourning the loss of a loved one. Probate laws tend to be confusing for laypeople without specialized legal training, and many aspects of the probate process become more intensive and time-consuming than they initially appear, such as determining beneficiaries or distinguishing between different types of property. A Palm Desert probate attorney can help alleviate the burden placed on family members and guide them through every stage of the process with expert legal counsel.
I am attorney William Sweeney, and as the founder of Sweeney Probate Law, I specialize exclusively in probate law and have spent nearly half a century representing families across California during probate. If you are named the executor or administrator of a loved one’s estate, I can help you understand your responsibilities, answer your questions, and ensure you follow all probate laws when administering the estate. If you are a beneficiary concerned about how your loved one’s estate is being managed by an executor, I can help you pursue legal recourse. If you want to avoid putting your family members through probate, I can help you draft a complete estate plan that safeguards your legacy for the future.
When you are facing a legal issue as complex and demanding as probate, you need an attorney dedicated to supporting you during this difficult time with compassionate, comprehensive, and skilled legal representation. Whether you require assistance with your own assets or the estate of a loved one, I take pride in making sure your case is handled with the utmost care and respect. Contact our office today to protect the best interests of your family.
To schedule a consultation in Redlands, 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.
Palm Desert Probate Attorney
When a loved one passes away, the last thing their family members want is to spend time in court arguing over inheritances. Unfortunately, if someone dies without a comprehensive estate plan in place, their surviving relatives will be forced to undergo the probate process to transfer or inherit property from the estate. A last will and testament serves as an important starting point for an estate plan, but even with a legally valid will in place, heirs cannot access their inheritances until probate is complete.
Probate laws can be extremely confusing, and even seemingly minor mistakes can significantly delay the probate process or result in expensive probate litigation.
If you have been named the executor of a loved one’s estate, you will be expected to gather a great deal of paperwork, appraise and inventory assets, communicate with beneficiaries and creditors, and perform a wide variety of critical tasks on behalf of the estate. Securing legal representation from an experienced Palm Desert probate attorney is essential for ensuring this process goes as smoothly as possible and that you are prepared to efficiently handle any unexpected issues that may arise. Review the following information to learn about probate in California, then contact Sweeney Probate Law to discuss your case.
What Is Probate?
Probate refers to a court-supervised process of verifying a will, assigning a representative to administer the estate, and distributing assets to named beneficiaries. California Probate Code sets the rules and regulations for the probate process, and the probate court is responsible for approving and overseeing the administration of the estate. If a decedent leaves behind a will, probate confirms the validity of the will and gives the designated executor the legal authority to execute the terms of the will. If a will cannot be located, the court will appoint an administrator, who is required to distribute all the estate assets that would have passed through the will according to intestate succession laws. In this case, assets are distributed to surviving spouses or children first, then siblings, parents, and grandchildren, and so forth to increasingly distant relatives.
Is Probate Necessary?
Most of the real and personal property the decedent owned during their lifetime is subject to probate, which encompasses all property owned solely in their name and half of any community property acquired during marriage. This includes tangible assets (homes, vehicles, furniture, art collections, family heirlooms, etc.) as well as intangible assets (checking and savings accounts, stocks, interests in a business, intellectual property rights, etc.). However, certain assets are not considered subject to probate and, therefore, can be transferred to beneficiaries without involvement from the probate court. These include:
- Assets with named beneficiaries (such as bank accounts, retirement plans, and life insurance policies)
- Accounts with payable-on-death designations
- Stocks, bonds, or other brokerage accounts with transfer-on-death designations
- Real estate with a transfer-on-death deed
- Vehicles with transfer-on-death registration
- Property owned in joint tenancy with others
- Property with right of survivorship
- Property held in a living trust
If the total value of the probate estate is under $166,250, the estate may also qualify for a summary probate procedure, which is quicker and more cost-effective than traditional probate. A Palm Desert probate attorney can determine whether you are eligible for this option.
What Is the Difference Between a Probate Attorney and an Estate Planning Attorney?
Estate planning attorneys help clients get their legal and financial affairs in order before they pass away. This includes drafting a will that clearly outlines their wishes for asset distribution after death, designates beneficiaries to receive these assets, and names a guardian to care for their minor children. Anyone can benefit from creating an estate plan, regardless of age, health status, income, or the size of their estate. A complete estate plan should also include provisions for clients that apply if they become incompetent, incapacitated, or otherwise unable to make decisions. This includes:
- A financial power of attorney to make financial or business decisions on their behalf
- A medical power of attorney to make medical or healthcare decisions on their behalf
- A living will to stipulate their instructions for medical care and name the agent who should receive the medical power of attorney
- A living trust that transfers ownership of your property into a trust account and names a trustee to distribute this property to beneficiaries
Probate attorneys share some of the same responsibilities as estate planning attorneys, such as advising clients on setting the terms of their will, but they typically focus on managing a person’s estate after they pass away. If a will is left behind, the probate attorney first ensures the will is legally valid. They can then help the executor understand their duties and assist them with the probate process, as well as handle any issues that require probate litigation. In the absence of a valid will, they can ensure that the assets are distributed to the decedent’s closest living relatives in accordance with the law.
Do I Need an Attorney for Probate?
While it is not always necessary to hire an attorney to probate an estate, a Palm Desert probate attorney can play a crucial role in making this process as seamless and efficient as possible. An attorney can explain how the law applies to your specific case, determine whether the estate qualifies for a streamlined probate procedure, identify beneficiaries, and help them obtain access to benefits. They can assist the executor in fulfilling their duties, from handling the technical aspects of estate administration, such as submitting court documents and preparing an accounting of the estate, to managing the communication between the executor and the beneficiaries, creditors, and other parties involved in the estate. This includes helping to settle an insolvent estate in the event that the decedent had more debts than assets.
Handling a loved one’s affairs can be a sensitive task, and an attorney can become a valuable mediator if conflicts arise. If family members have unrealistic expectations about their inheritances or suspect the will is not valid, an attorney can navigate these delicate situations with an objective eye to reduce tension and reach a reasonable solution.
If the beneficiaries believe that the estate administrator is breaching their fiduciary duty, such as by failing to accurately disclose estate information or using the estate assets for their own gain, they can petition the court to remove the administrator from this role. They may also file a compensatory claim to recover damages for any financial losses suffered by the estate. In rare cases, the administrator assigned by the probate court could even be charged with fraud, theft, or embezzlement. An attorney can help to prevent these situations and limit your personal liability if you have been named administrator for a large or complex estate.
How Much Does a Probate Attorney Cost in California?
The California Probate Code establishes specific statutory fees for attorneys and personal representatives who administer the estate. The statutory fee is calculated as a percentage of the total value of the probate estate, or the assets and properties that pass through probate. Real estate, bank accounts, business interests, investments, and personal property are subject to probate, so they are included in the total value of the probate estate. Any debts against probate assets are not taken into account when determining statutory fees. The court has the discretion to approve a higher fee if the attorney performs extraordinary services.
Statutory probate fees for attorneys consist of:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
If the probate estate is valued at over $25 million, the court will determine a reasonable fee.
Secure Expert Legal Representation for Probate
For many families, probate is complicated, expensive, and particularly overwhelming to navigate while mourning the loss of a loved one. Probate laws tend to be confusing for laypeople without specialized legal training, and many aspects of the probate process become more intensive and time-consuming than they initially appear, such as determining beneficiaries or distinguishing between different types of property. A Palm Desert probate attorney can help alleviate the burden placed on family members and guide them through every stage of the process with expert legal counsel.
I am attorney William Sweeney, and as the founder of Sweeney Probate Law, I specialize exclusively in probate law and have spent nearly half a century representing families across California during probate. If you are named the executor or administrator of a loved one’s estate, I can help you understand your responsibilities, answer your questions, and ensure you follow all probate laws when administering the estate. If you are a beneficiary concerned about how your loved one’s estate is being managed by an executor, I can help you pursue legal recourse. If you want to avoid putting your family members through probate, I can help you draft a complete estate plan that safeguards your legacy for the future.
When you are facing a legal issue as complex and demanding as probate, you need an attorney dedicated to supporting you during this difficult time with compassionate, comprehensive, and skilled legal representation. Whether you require assistance with your own assets or the estate of a loved one, I take pride in making sure your case is handled with the utmost care and respect. Contact our office today to protect the best interests of your family.
To schedule a consultation in Redlands, 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.