Moreno Valley Probate Lawyer

In 2024, there were 63,609 probate filings and 45,655 dispositions reported in California. Many people assume that all of a person’s assets automatically go through probate. However, certain types of assets transfer to a new owner without going through the probate process. Assets that are likely to go through probate are:

• Real estate owned by the deceased in their individual name
• Vehicles titled only in the decedent’s name
• Other types of personal property
• Bank accounts and other financial assets without named beneficiaries

However, assets that may not go through probate include proceeds from life insurance, retirement accounts, property that is in a trust, and some jointly owned assets.

Probate gives family members an opportunity to administer a decedent’s estate. However, problems can occur even if the estate is very straightforward. Heirs may disagree about the language in a will or trust. They might argue about asset values or who should serve as personal representative. Disputes can also occur when families inherit real estate in Moreno Valley.

Due to rising property values, many families in our community own homes that are worth significantly more than when they were purchased. If multiple people stand to inherit the property, there can be disagreements about selling versus keeping the home. It’s also possible for arguments to occur regarding the division of proceeds or ownership shares.

Other common probate challenges include locating assets, identifying creditors, paying taxes, and addressing claims from someone who believes that they should receive part of the estate.

The state of California has specific probate laws that cover estate administration. The California Probate Code governs the majority of probate proceedings. Once someone dies, their estate may be opened in probate court.

California Probate Code § 8400 is a statute that discusses who may serve as personal representatives. A personal representative is someone who administers a decedent’s estate. California Probate Code § 9650 focuses on the duties and powers related to estate property and management.

A person writing a will typically names someone to serve as executor. Alternatively, if there is no will, the court appoints an administrator. These individuals have a duty to act on behalf of the estate and the beneficiaries. They’ll need to follow California probate laws and fulfill numerous responsibilities. Duties of an executor can include:

• Submitting documents to the probate court
• Identifying and protecting estate assets
• Notifying beneficiaries and known creditors
• Paying valid debts and expenses
• Preparing an inventory and appraisal of the estate
• Distributing assets according to the law or the terms of the will

Providing this service can take a considerable amount of time. Managing real estate, business ventures, or numerous beneficiaries could fall to an executor, depending on the estate’s intricacy.

FAQs

What Happens if Someone Dies Without a Will in California?

In California, if a person dies without a valid will, his estate will pass to heirs according to California’s intestate succession laws. In the absence of a will, the deceased’s assets are allocated based on a legal framework that generally prioritizes the surviving spouse, children, and parents, then other relatives further down the line.

A court appoints an administrator to manage the estate. Because the decedent’s wishes are unknown, there may be additional issues for family members during administration.

Can a Will Be Challenged During Probate?

Yes. Someone who is unhappy with the contents of a will can contest it if they have legal grounds to do so. Typically, this involves claims that the deceased did not have the mental capacity to sign the will, was under undue influence when they signed the will, or the will was improperly executed. If a will is successfully contested, any gifts provided by that will could be impacted.

Can Creditors Collect Debts During Probate?

Creditors have the ability to make claims against the estate during probate. Under California law, creditors usually must make claims by certain deadlines. Valid claims are usually paid before beneficiaries receive distributions. Creditors can’t just take what they are owed from the estate. It’s possible to challenge certain claims if they’re wrong, fraudulent, or filed past the deadline.

What Happens if a Beneficiary Cannot Be Located?

When a beneficiary is missing, most of the time, the personal representative is required to make reasonable efforts to try to locate that person prior to distributing assets. Some courts require proof of attempted contact with that person. Depending on the facts, distributions may need to be withheld until the person is located or further direction is received from the court as to the inheritance.

Many people decide to hire a probate lawyer whenever they have questions about estate administration. Probate involves the court, forms, and various duties. Understanding these responsibilities can help prevent costly delays. Estate administration has many moving parts, but you don’t have to navigate the process alone. A Moreno Valley probate attorney at Gaudy Law can help you. Contact us today for a free consultation.

We can meet in our office, or over the phone. Use this time to get questions answered and learn your best next step.