California Probate Attorneys

Providing Experienced Legal Guidance Through the Probate Process

If your loved one has recently passed away, then it is likely that the last thing on your mind is the legal process known as probate. When someone dies, their estate must go through probate, meaning their loved ones are left with the task of making sure the decedent’s final wishes are being honored. Resolving an estate can be done in many different ways depending on the estate plan that your loved one left behind. If you and your family are named in a will, then it is subject to the probate process, where the will’s validity will be examined in court.

Every will must undergo this legal process before assets can be distributed to beneficiaries and heirs. This process is complicated even further when someone dies without a will or ‘intestate.’ Unfortunately, the probate process can take a long time and quickly become complicated, leading to contention between family members during an already difficult time.

If you are going through the probate process, hiring a probate attorney is essential. A probate lawyer from our law firm can walk you through the entire experience, ensuring that it goes smoothly and as quickly as possible.

Our team at The Singh Law Firm has years of experience navigating the probate process, and we are confident we can handle even the most complex estate matters to get you and your family the assets you deserve. Call us today at 888-828-2864 to receive a free consultation and learn more about our law firm.

What is the Probate Process?

The probate process is the court process a will goes through before any assets can be distributed. Every state has a slightly different process, but California’s is similar to most other states.

Below are the steps that the probate process typically follows:

Gathering documents like your loved one’s last will and testament, trust documents, and bank statements.
Filing documents with the court to become the executor of the estate. Most executors are named in the will.
Evaluating assets within the estate and assigning them value. Creating an inventory of the assets and property in the estate.
Notifying organizations of your role as the executor. You must let the estate’s beneficiaries know, as well as the IRS and the Social Security Administration.
Notifying creditors of the estate of your role so all debts can be settled.
Paying creditors and taxes of the estate.
Distributing the remaining assets to the named beneficiaries and heirs in the will.
Closing the estate by petitioning the court.

If your family member died without a will or did not name an executor in the will, then the state of California will assign an executor for you. If you are the executor of the estate, an experienced California probate lawyer can guide you through the probate process to ensure you don’t miss any steps. Or, if you are a concerned family member finding issues with the will, our team can help you petition the court. Contact us today for more information.

What if Someone Dies Without a Will?

With or without a will, all estates are subject to probate court. If someone dies without a will, they are considered to have ‘died intestate.’ When a person dies with a will, the probate court will use their will and other estate planning documents to determine who the acting executor of the estate will be and how the decedent’s estate will be distributed.

When a person dies intestate, the court system assigns an executor to represent the estate. The executor is still required to complete all of the tasks that an executor named in a will would have to complete. This can be an incredibly difficult ordeal, as the executor will be acting without the guidance of the deceased.

Can you imagine trying to gather and inventory all of a loved one’s assets, assign them a dollar amount, locate all creditors, settle all debts, and finally distribute the remaining assets to family members, all without the help of the deceased person?

If your loved one died intestate and you have been named the executor of their estate, then you could use the help of an experienced probate attorney. The Singh Law Firm is here to help you understand the process and honor your loved one.

How Long Does Probate Take?

Under California law, the executor must have probate completed within one year of being assigned as executor. However, the probate process typically takes between nine months and 18 months to resolve fully. This timeline can vary depending on the circumstances of the estate planning and the complexity of the assets within the estate. If you would like to speed up the process and ensure there are no delays, our team of estate planning attorneys is here to help.

If you are currently planning your estate and you would like to minimize the impact of probate on your family and estate, there are many estate planning services you can use. There are many things you can do to make things easier on your family and the executor of your will.

What Can Cause Delays with Probate Proceedings?

Probate delays occur when the process of settling an estate takes longer than normal. Delays can last from only a month or two to years, seriously impacting the distribution of assets to the rightful heirs and beneficiaries. These delays can feel unfair to the heirs, and disputes can pit family against family.

There are a few common things that can cause delays when trying to navigate probate court. Even if everything is done to the best of your ability, you may face significant delays. Here are some of the more common causes of delays.

Complex Assets in the Estate

Many estates are straightforward; you have to deal with one or two properties, personal property, and financial assets. But when an estate consists of multiple diverse assets, such as various real estate properties, one or more businesses, and investment portfolios, the process can quickly become more complex.

If you are tasked with determining the value of properties and business in an estate in order to fairly distribute them, that takes time and can cause probate to take significantly longer.

Incorrect and Incomplete Documentation

If someone dies without a will, they are said to have died intestate. Trying to navigate probate for someone who has died intestate is already complicated, requiring court intervention to name an executor to administer the estate.

But even if someone did all of the proper estate planning steps, accidents happen, and things change. If the documentation that is necessary to execute a will is flawed, it takes time to get clarity on the situation.

An Inefficient Court System

Sometimes, delays are no one’s fault and result from a court system bogged down by bureaucracy.

Courts can be limited by their resources and staff or have higher-than-normal caseloads, leading to delays that affect the heirs and beneficiaries of the deceased.

Disputes Among Heirs and Beneficiaries

The loss of a loved one can result in extreme emotions. Mixing in the fair distribution of inheritance and those unchecked emotions can result in disputes that can cause significant delays in the probate proceedings.

Anyone has the right to contest the validity of a will. Contests can arise for many reasons, but any contest will result in significant delays as the courts try to decipher the grievance and the intent of the deceased. Even a will with a no-contest clause can be contested, although if the person who contests it loses that challenge, they risk forfeiting their inheritance.

If you believe your loved one was subject to undue influence or their will is not being interpreted the way you believe they intended, contact The Singh Law Firm.

How Does a Probate Delay Affect the Beneficiaries?

Delays can affect anyone associated with the decedent, from the executor of the will to the heirs named in the will.

If probate is significantly delayed, it can result in increased administrated costs, including legal fees, court costs, and expenses related to maintaining the deceased person’s estate. These expenses can quickly eat away at the estate’s total value, leaving less and less to be given to the heirs and beneficiaries.

The estate is still required to pay taxes and utilities on properties associated with the estate. Lawyers will need to be paid for their increased commitment to the estate. Debts can accrue interest that needs to be repaid. If the heirs depend on the assets within the estate to survive, this can leave them in a precarious situation.

The family members of the deceased are also exposed to more stress, frustration, and confusion during a time when they need to grieve the loss of their loved one. Being stuck in probate can make family members feel like they are unable to properly address their grief and heal.

As this stress and frustration increase, so too does the chance of disputes among the heirs. This can lead to fighting among family members and create complex situations that break animosity and anger; emotions most would like to avoid feeling towards their family.

The Singh Law Firm can help make this process as stress-free as possible by ensuring an expedited probate process and an experienced team guiding you through this difficult process.

Can Probate Be Avoided?

If probate sounds like a headache, you may wonder if there are any ways to avoid it. There are some tools a person can use to either avoid probate or minimize the impact of probate.

Estate Planning

Creating a solid estate plan is the first step to helping your family avoid probate. Things like creating a living trust document and placing assets in it that are later distributed to the beneficiaries of a trust can help get that person’s assets into the hands of their surviving loved ones faster than probate.

Estate planning must be done well in advance of a person’s death to reduce the impact of probate. If you are an heir and you are wondering how to avoid probate, then estate planning is likely not the answer you are looking for.

A Smaller Estate

If the total value of the decedent’s assets is under $166,250 and the decedent died with a valid will, you will likely be able to avoid probate and should be able to get your inheritance faster if you are a beneficiary of the will.

Joint Tenancy

If you are the spouse of the decedent, then you are likely afraid of how property that was jointly owned by both of you will be seen by the court. The good news is that assets and properties that were under both your and your spouse’s name will automatically pass to your ownership without having to go through probate.

The same is true if you and your spouse jointly owned a business together. After your spouse dies, you will automatically assume ownership of that business without having to wait for probate.

Payable On Death Designations

If the decedent had bank accounts with a payable on death (POD) designation, then the bank will allow the transfer of the accounts and its assets directly to the designated beneficiaries upon the account holder’s death. This process bypasses the probate process entirely and makes those assets immediately available after the decedent’s death.

If you are hoping to speed up or skip the probate process, it may be worth checking whether or not any of your loved one’s accounts have a payable-on-death clause.

What Does a Probate Lawyer Do?

There are many things a probate lawyer on our team can help you with. Our main goal is to help settle your loved one’s estate and assist the executor in any way they need. Similarly, a probate attorney can also help resolve disputes between family members if they arise to avoid unnecessary court proceedings. Probate litigation occurs when there are disputes regarding the validity of a will or trust, and it can cause significant delays as the probate court tries to determine the fair distribution of assets from the estate.

Additionally, our team can help you do the following:

Pay estate taxes
Pay inheritance taxes
Identify and assign value to estate assets
Resolve probate litigation issues
Distribute living trusts
Open and manage the estate checking account
Prepare and file court documents
Collect life insurance policy proceeds
Order property appraisals
Make final asset distributions
Close the estate in court

What is an Estate Planning Attorney?

If you are looking for services or advice to make probate easier on your family, then you are likely looking for an estate planning attorney. While a probate attorney helps the deceased person’s family determine the fair distribution of the decedent’s estate, an estate planning attorney helps people build a solid plan that minimizes the impact on their family later on.

If you are looking for help with planning your estate, please call 888-828-2864 and ask to speak with one of our experienced estate planning lawyers.

What Does a Personal Representative Do?

The executor of the estate is also known as the personal representative. They have several duties to fulfill before the estate can be closed and assets can be distributed. If you have been assigned as a personal representative, it is essential that you understand your duties and responsibilities. Once you have been assigned as an executor, the court will grant you letters of testamentary or letters of administration, giving you the authority to handle the estate’s assets.
You will then be required to complete the following steps:

File the deceased person’s taxes
Pay debts or claims from the estate
Inventory the assets in the estate
Sell assets to pay debts owed by the estate if needed
Open a bank account to pay all debts and funeral costs
Provide notice of the estate to family members
Distribute the remaining assets according to the decent’s final wishes
File all documentation to the court
Show a final statement of transactions to the court

If any of these steps are missed or done incorrectly, it could delay the probate process, leading to further issues down the line. If you are feeling overwhelmed with your duties as a personal representative, contact a probate attorney. Our probate attorneys are here to assist you and ensure you fully understand what is required of you.

Can a Probate Lawyer Help Me?

Dealing with a loved one’s estate can be stressful, especially if you and your family members are still grieving. Because the process is so lengthy and has so many steps, having a probate attorney on your side to walk you through it can be very valuable.

In most cases, hiring a probate attorney as early as possible can be beneficial. As an executor, you are on a timeline, and you are expected to deal with many delicate documents. A lot is expected of you, and there isn’t a lot of space for error. If you are an heir to the deceased, getting the input of a probate lawyer early in the process can help ensure that the deceased person’s assets are managed and distributed in accordance with their wishes.

Our team at The Singh Law Firm is dedicated to helping our clients speed up the probate process and distribute assets to their rightful beneficiaries. Please don’t feel like you must tackle this complicated legal process on your own. Call our office today for a free consultation at 888-828-2864.