After the loss of a loved one, the last thing you probably want to think about is dealing with their estate. Unfortunately, it’s better to initiate probate as soon as you can in order to handle affairs and distribute assets in a timely manner. The good news is you’re not alone. While you’re not required to hire a probate lawyer in these situations, it’s imperative that you understand the risks of filing probate without a lawyer in California.
The Risks of Filing Probate Without a Lawyer in California
Many estates have to go through probate in order for assets to be transferred to their new owners. Estates under a certain value can be settled through a small estate affidavit instead. Either way, the estate administration can be complicated, especially as you’re coping with your loss.
A California probate attorney can help alleviate some of the stress on your shoulders by taking care of the logistics along the way. They can also represent you and advocate for your interests in and out of the courtroom. Hiring a probate lawyer isn’t just an additional benefit to enjoy. On the contrary, it can be a clear detriment not to work with one.
Some of the main risks of filing probate without a lawyer in California include:
- Hidden costs without the benefit of legal representation
- Increased chance of conflict between family members
- Your personal liability if you make a mistake
Even though you’re not paying for an attorney, self-representation does not make a probate case free. You can still be responsible for filing fees related to the case, media publication costs for notifying creditors, and other related costs throughout a probate case. At least when you hire a probate lawyer, you get the benefit of their knowledge and advocacy.
The more complex the estate, the better off you are hiring a probate lawyer to help you navigate the process and represent your interests. Some common mistakes you can make when probating an estate include:
- Failing to notify creditors
- Incorrectly valuing property
- Miscalculating distributions and creditor payments
- Mismanaging assets
- Missing strict court deadlines
- Not paying taxes
Beyond the legal issues you may face by filing without a California probate attorney, the case itself can be more complicated. Disputes can easily arise between disgruntled heirs, and contested wills can turn into extensive litigation in the courtroom without the guidance of a neutral legal professional.
Even small estate affidavits can be complicated to file on your own. These are for smaller, and usually simpler, estates, but that doesn’t mean the probate process automatically is going to be easy. That’s why it’s recommended that you hire a probate lawyer if you’re handling an estate after the death of a loved one.
A California probate attorney can help you file the affidavit along with all the necessary supporting documents. They can also get everything notarized and submit everything directly to the individual or institution holding the property. To top it off, your legal team can advocate for you if any issues arise along the way.
FAQs
How Long Does a Probate Case in California Typically Take?
How long a probate case in California typically takes can depend on a number of variables, including the size and complexity of the estate and whether or not the court has the capacity to see your case right away.
Unfortunately, backlogs are not uncommon. In 2024 alone, there were 63,609 probate filings and 45,655 dispositions in California courts. The duration of the process can vary widely, lasting months or even years.
What Are the Main Stages of a Probate Case in California?
The main stages of a probate case in California typically involve:
- Filing the petition with the Superior Court
- Giving notice to parties with vested legal interest
- Attending a hearing to formally appoint an executor or administrator
- Inventorying and appraising assets
- Paying debts and taxes
- Handling disputes and other issues
- Distributing assets and requesting an Order of Final Discharge
What Happens if I Don’t Probate an Estate in California?
If you don’t probate an estate in California, the decedent’s assets remain frozen in their name. This means they can’t be sold, transferred, or accessed at all. Furthermore, creditors can continue to make claims against the estate indefinitely since you never trigger a formal claims period.
If an executor is appointed to an estate and ignores their legal duty to open the case, they may face civil penalties, financial liability, and removal as executor.
Is It Possible to Avoid Probate in California?
It is possible to avoid probate in California. In fact, there are multiple avenues to explore depending on the details of the estate. For starters, you can protect assets in a living trust to have them transferred directly to the named beneficiaries.
Property with right of survivorship or payable-on-death (POD)/transfer-on-death (TOD) designations can also go straight to the new owner. An estate under a certain value may also be settled through a small estate affidavit.
Hire a Probate Lawyer to Help With Your Probate Case in California
Navigating a probate case can be complicated, even for small estates. It’s highly recommended that you hire a probate lawyer to help you through each phase of the process. Gaudy Law has been a leading estate planning and probate law firm in Southern California for over 21 years. Our California probate attorneys proudly serve Upland, Los Angeles, San Bernardino, San Diego, Orange County, and the San Joaquin Valley.
Over the years, we’ve completed over 2,000 probates, earning the trust and respect of countless Californians. We’re highly rated on Google and Avvo thanks to our hard work.* You can count on us for personalized legal support and consistent advocacy through this challenging time in your life.
If you’re ready to talk to a California probate attorney about your case, you can find us in Upland near the I-10 and I-15. Contact the office to set up an initial consultation with a member of the team today.
*Past cases don’t determine future results. Every situation is unique.
