Ontario Probate Attorney
Probate is the legal process wherein the courts oversee the administration of a person’s estate after they die. Not all estates are required to go through probate in California, but those that do are notoriously complicated, and these cases are often fraught with delays. If you are dealing with the probate process in Ontario, an Ontario, CA, probate lawyer at Gaudy Law can help you navigate the process, minimize frustration and confusion, and get your loved one’s estate properly resolved.
California Probate
Not all estates have to go through the full probate process in California. Whether an estate is required to go through probate is determined by the total value of its assets.
In California, if the value of an estate’s assets is less than $184,500, the administration of the estate generally does not have to be supervised by the court, which often makes the process faster and less complicated. When an estate does have to go through probate, the process begins when a person, often the executor of the estate, files a petition with the probate court after someone else’s death.
If there is a last will and testament, a probate court judge generally approves the executor listed in the will. If there is no will, the judge appoints an administrator, usually a spouse or another close family member. The executor or administrator is responsible for resolving the deceased person’s estate. The tasks of administering an estate follow strict legal procedures, which include:
- Validating the will, which generally means a hearing
- Identifying and contacting all the heirs
- Having assets inventoried and appraised
- Paying the debts and taxes of the estate
- Distributing the decedent’s assets to heirs or beneficiaries based on either the will or intestacy laws, which govern how assets are handled when there is no will
- Filing a final accounting of the estate with the probate court
The most recent data shows that there were 60,286 probate cases filed in California’s Superior Courts in 2023. Almost 75% of those cases involved disputes about asset distribution. 3,639 probate cases were filed in San Bernardino County Superior Courts that year. San Bernardino County only holds probate proceedings at the Fontana and Victorville District courthouses.
Estate Planning vs. Probate
A trusted probate lawyer can work with clients in cases related to a deceased family member’s estate. They can also protect vulnerable dependents who need guardianship, like minors, elders, or disabled adults. This is similar to the role of an estate planning lawyer, but there are some essential differences. A probate attorney generally gets involved in a case after a person has died, and someone must facilitate the distribution of the deceased’s assets.
In contrast, an estate planning lawyer focuses on helping people plan for the future, such as their wishes about how to distribute their assets. This can often include:
- Creating a will or trusts
- Advising about minimizing taxes
- Drafting other documents, like a power of attorney and healthcare directives
In other words, an estate planning attorney focuses on a plan for their client’s future.
In simpler cases, where the estate does not have a lot of debts or assets, the estate may not absolutely require a probate lawyer, even if there is no will. However, most people do not have very much experience with complicated estates, and there are several situations where a qualified probate lawyer can help with confusing or complex legal situations, including:
- A first-time executor or administrator of an estate who feels unsure about probate
- Disputes between heirs about how estate assets are to be distributed
- A disputed or contested will
- An estate with uncommon assets or significant real estate
- An incomplete, outdated, or unclear estate plan or will
- Complicated tax issues
- An executor or administrator who lives in another state
- Any estate where the executor, administrator, or heirs are having problems navigating probate
FAQs
Q: Do I Need a Lawyer for Probate in California?
A: You are not legally required to have a lawyer for probate in California. When an estate is relatively simple and there is no dispute among the heirs, you may not always need a probate lawyer. However, if there are irregularities, the will is contested or unclear, or the executor or administrator is unfamiliar or uncomfortable with the probate process, it is highly recommended that someone consult an experienced probate lawyer.
Q: What Are the Risks of Not Using a Probate Lawyer?
A: In Ontario, California, the risks of not using a probate lawyer are primarily delays or complications in the process of administering the estate. A probate lawyer can also prevent legal mistakes, such as:
- Filing incorrect paperwork
- Missing important deadlines
- Misinterpreting the will or law
- Not understanding the legal requirements
The more complex an estate is, the higher the risk of having difficulties, especially if the executor or administrator is not familiar with the process.
Q: How Long After Death Do You Have to File Probate in California?
A: There is no definitive deadline to file probate in California, but it is recommended to begin the process within 30 days of the death or learning of the death. Delaying can create complications, such as:
- Frozen assets
- Creditors taking action against the estate
- Property falling into disrepair
- Leaving the estate open to fraud or other wrongdoing
Executors who delay could also face legal issues regarding liability.
Q: What Is the New Probate Law in California?
A: The new probate law in California makes it easier for heirs to transfer a primary residence they inherited into their name. It also raises the limit of the value of estates that have to go through probate. A primary home valued at up to $750,000 and an estate valued at up to $208,850 do not have to go through probate in California. This law also streamlines paperwork and court procedures for the probate process.
Gaudy Law: Experienced Probate Law Firm
The trusted legal team at Gaudy Law has been working with clients in California for more than 20 years. We have extensive experience with probate law and the Superior Courts of California, where probate proceedings take place. We are committed to taking the time to fully understand the needs and goals of each client. That way, we can tailor our legal strategy for the highest chance of achieving the desired outcome. Contact our office today to set up a consultation.
