Claremont Probate Attorney
When a loved one dies, ideally, their wishes can be carried out without conflict or complications. Unfortunately, that is not always the case. The probate process can be fraught with delays, confusion, and anxiety. If you find yourself facing a similar problem in Claremont, a probate lawyer at Gaudy Law has the experience and skill you need to help you navigate probate and resolve your loved one’s estate.
How Probate Works in Claremont, California
Probate is the legal process, supervised by the court, of validating a will, identifying heirs, and distributing the assets of the deceased person. Not all estates have to go through the full probate process. This is determined by the total value of the estate. In California, if the value of the person’s assets is $166,250 or more, probate is usually required, although there can be exceptions in some cases.
The probate process begins after a person’s death when someone, usually the executor of the estate, files a petition with the probate court. If there is a will, the court approves the executor. If there is no will, an administrator is appointed, usually a close family member. This person is tasked with overseeing the estate. When a will exists, a hearing is usually held to determine its validity.
Then, the executor or administrator identifies the estate’s assets and heirs, pays any necessary debts and taxes, and distributes assets to heirs or beneficiaries according to the will or intestacy laws, which determine how to handle assets when there is no will. Once these tasks are complete, the executor or administrator files a final accounting with the court, and the estate is closed.
California Superior Courts saw 60,286 probate cases in 2023. Of those, almost 75% were related to conflicts over asset distribution. Nearly 13,000 of the total probate cases were in Los Angeles County alone, generally handled at the Stanley Mosk Courthouse on North Hill Street.
What a Claremont Probate Lawyer Does
A probate lawyer works with clients in cases related to a deceased family member’s estate or the protection of vulnerable individuals, like minors, elders, or disabled adults. Probate attorneys handle the legal process of distributing assets after a person has died, which is called probate. This is similar to the role of an estate planning lawyer, but there are some key differences.
In Claremont, estate planning lawyers focus on helping people plan for the future, including their wishes regarding how their assets should be distributed. This can include creating wills and trusts, advising clients on how to minimize taxes, and drafting other legal documents like powers of attorney and healthcare directives. An estate planning attorney is focused on crafting a plan for their client’s future.
Reasons to Hire a Probate Lawyer
Not every estate requires the services of a probate lawyer. In straightforward cases with estates that do not have many assets or debts, some choose not to hire a probate lawyer. However, because most people lack experience with more complicated estates, there are several situations where a probate lawyer can help navigate conflicting or confusing legal situations with an estate. Some of these include:
- A first-time estate executor or administrator, or one who is unsure about the probate process
- Conflicts or disagreements between beneficiaries regarding how the assets of the estate should be distributed
- A contested or disputed will
- An estate with real estate or uncommon assets
- An estate that does not have sufficient assets to pay its debts
- An unclear or incomplete will or estate plan
- Complex tax issues
- The executor or administrator lives in another state
In any estate where the beneficiaries, executor, or administrator are struggling to navigate the probate process, a probate attorney can offer legal counsel and support.
FAQs
Q: Do I Need a Lawyer for Probate in California?
A: No, you do not always need a lawyer for probate in California. In some cases, especially smaller estates with fewer debts and/or assets, settling the estate can be a more straightforward process. However, when there are complications, it is a wise idea to consult with a probate attorney who can make sure issues are being handled in accordance with estate law.
Q: Which Types of Property Bypass Probate in California?
A: Types of property that bypass probate in California include:
- Joint-owned property with right of survivorship
- Living trusts
- Payable on death (POD) financial accounts
- Real estate with transfer on death (TOD) deeds
- Life insurance policies with named beneficiaries
- Retirement accounts with named beneficiaries
- Community property with right of survivorship
A qualified estate planning or probate attorney can help you determine which of your assets may avoid probate.
Q: How Long After Death Do You Have to File Probate in California?
A: In general, an executor or administrator needs to begin the probate process within 30 days of the date of death. In some cases, where the executor was not aware of their role, for example, there may be a delay. However, delays in the probate process can lead to the estate’s assets being unmanageable or legal action being taken by creditors. In general, an executor or administrator has one year to settle the estate.
Q: How Much Does an Estate Have to Be to Avoid Probate in California?
A: Whether an estate can avoid probate in California is determined by the total value of all the estate’s assets, including real estate, financial accounts, and personal property. If the value is less than $166,250, the estate may be able to avoid probate. The value of the estate is determined by performing an inventory of assets and having them appraised for their fair market value, which is how much the asset could be sold for in the current local market.
You Don’t Have to Face Probate Alone: Contact a Claremont Probate Lawyer From Gaudy Law
It’s common to find the probate process frustrating and confusing, even if you have been through it before. You don’t have to handle this on your own. Contact our office today to schedule a consultation and discuss how a Claremont probate lawyer can help you.
