What Is Probate Court?

Many people don’t know what probate court involves until they have to navigate it. Estate planning is a complicated area of law, and unfortunately, the individuals who must navigate it are usually grieving while they proceed.

Probate court is the process by which the government assesses a deceased person’s will to ensure that it is legal and executable. In some situations, probate courts may find that a will is not valid or authentic. In most cases, however, they simply need to verify the documents and ensure that everything is in order.

During this process, the court also makes sure the deceased’s taxes are up to date and paid. When their debts have been paid, the court then appoints a trustee to oversee the distribution of the deceased’s assets. Many times, the deceased has already named a trustee in their will.

When all is in order, the court turns the deceased’s estate over to the trustee, who distributes the assets to the beneficiaries according to the will.

Why Do I Need a Santa Ana Probate Attorney?

Many people believe that they can navigate probate court without legal help. Though this is certainly possible, it is difficult to do so. If you are unfamiliar with the process, potential roadblocks, and legal jargon, it can be tough to navigate probate properly.

It is possible that your loved one worked with an Orange County estate planning attorney before they passed away. This individual helped them get their affairs in order and create a trust or will that was appropriate for their assets. Though this may have put their estate in a good place, it doesn’t necessarily help you in the aftermath of their death. You still have to navigate the probate process, which is difficult and intimidating.

A probate attorney works for you, not for your loved one. We come in to help you with the process following your loved one’s death, so you have a legal advocate working with you during this difficult time. Probate administration and asset distribution are not easy to deal with, and having a legal expert in your corner is immensely helpful.

Finally, it is important to note that distributing your loved one’s assets is not a cut-and-dry process. Family and friends may be upset with what has been left to them or to others, and it is easy for fights to occur. Sometimes, the deceased’s will is not clear or needs to be interpreted if instructions are not explicit. A Santa Ana probate attorney can help with all of this so that you have a resource to depend upon when the process becomes difficult.

Probate Executor

The executor of a will has a very difficult job ahead of them. They are in charge of reading the deceased’s will, interpreting its contents, and making sure the deceased’s assets get to the correct beneficiaries. Sometimes, a will includes someone who is no longer alive. In other situations, the will is vague about which assets are included in an inheritance. It is the legal obligation of the executor to determine what action to take that is most in line with the deceased’s mentality and intention. If the family disagrees with the executor, they may argue or otherwise fight back.

When you have a probate attorney on your side, they can help you to interpret the will and report your decisions to the family. Having an impartial person to navigate this process often helps to mitigate any fighting or disagreements that may occur. A probate attorney appears as a point of authority for the situation, which often helps executors to do their job properly and efficiently.

Wills Without an Executor

In some situations, the deceased does not name an executor in their will. However, the will still must go through probate court so that taxes may be taken out. The court then names an executor. In many cases, the court names a person with a certain relationship to the deceased — and they may not be particularly discerning about the person’s capacity or capabilities.

A probate attorney can help to ensure the executor named by the state is appropriate and capable. If there is a better choice, we can help the court to see the details of your situation and name an executor who is truly capable of handling the job.

Probate Without a Will

In some situations, a person dies without making a will. Legally, these people have died “intestate,” and the probate courts become responsiblefor where a person’s assets should go. Usually, this means the deceased’s assets go to the next of kin. Generally, this is the deceased’s spouse if they are alive and their children if they are not.

This can create significant problems within a family. In some cases, the children or deserving beneficiaries do not get what they are owed because there was no will. The state does not take the time to make guesses about where the deceased’s assets should go. Instead, they all move to the next of kin.

An Orange County probate attorney is especially important in these scenarios. If you do not have legal representation, you may lose out on a significant amount of your inheritance. Additionally, your deceased loved one’s wishes may not be honored.

How Much Does It Cost to Hire a Probate Lawyer in California?

Probate attorneys generally charge a percentage of the estate that they are helping with. The fee structure, according to California law, is as follows:

• 4% of the estate’s first $100,000
• 3% of the following $100,000
• 2% of the following $800,000
• 1% of the following $9,000,000
• 0.5% of the next $15,000,000

Ultimately, the amount owed to the attorney is in accordance with the size of the estate and, therefore, the complexity of the case. Small estates usually do not see significant roadblocks or issues, while large estates may involve many different people and beneficiaries.

It is important to discuss cost with any probate or estate planning attorneys you hire. If you do not have a clear and honest conversation, it is possible for you to lose their help during the probate process. This can leave you in a vulnerable and confusing position.

Because probate attorneys often take a portion of the estate, few people have to pay out of pocket for these services. It simply comes out of whatever inheritance is left to the family. For many families, this is a small price to pay to ensure that they have navigated the process correctly and done everything they can for their loved one.

Contact Sweeney Probate Law

Our team has the resources and understanding to help you with any probate case you may have. We have seen thousands of cases and know how to approach any challenge or unique scenario. When you work with us, you can be sure you are working with an experienced probate and estate planning attorney.

Sweeney Probate Law is proud to serve Santa Ana and the surrounding areas. Please contact us today for more information.