Pasadena Probate Lawyers Guiding Clients Through the Probate Process in California

Whether you are working on your own estate plans or have been given the task of being the executor of a loved one’s estate, understanding the probate process in California is key so you can be prepared to take the right steps. Our probate attorneys offer some answers to common questions they receive every day regarding probate in California – here are a few important aspects you should know.

What Are the Steps to Probate a Loved One’s Estate in California?

Losing a loved one is a difficult experience, but the situation can feel even more overwhelming when you are given the task of handling your loved one’s assets and making sure everything is passed on to the right beneficiaries. If the decedent’s estate requires formal probate, your first step should be to speak to a probate attorney to make sure you are filing the appropriate forms.

If the decedent left a will, you must locate it and present it to the probate court clerk’s office within 30 days of the date the person died. Next, you will need to file a petition for the court to initiate a probate case, and the decedent’s assets, as well as a list of rightful heirs, will need to be compiled and all interested parties notified. The probate process may include several other steps such as filing an estate tax return, paying off any debts, and distributing the assets to the beneficiaries.

Do All Estates Need to Go Through Probate in California?

Not every estate needs to go through a formal probate process in California. In some cases, certain types of assets can be transferred directly to beneficiaries, which may mean only part of an estate goes to probate. Other estates may qualify for a simplified probate process.

Assets with a named beneficiary can be directly transferred after the owner’s death. Those may include proceeds from life insurance policies, bank accounts, retirement accounts, pensions, or annuities. In addition, any property in a trust does not go through probate. In addition, estates valued at (or less than) $166,250.00 may qualify for an informal, simplified probate process. If you are not sure about whether your loved one’s assets can be passed on without probate or not, it is best to consult an attorney.

How Long Does the Probate Process Take in California?

The length of time it takes for an estate to go through probate in California depends on several factors such as the size and complexity of the estate. In addition, estates with a long list of beneficiaries can be more time-consuming, especially when the executor has to locate and notify beneficiaries that live in different states. There may also be disputes among beneficiaries who may not be satisfied with their inheritance, and all these disputes need to be settled before any property can be passed on.

Smaller estates under $166,250.00 may be eligible for a procedure that can take only days or weeks, while more complex ones may take more than 18 months. The earliest date the personal representative of an estate may petition the court to allow for the final distribution of the decedent’s estate and assets is four months after letters of administration were issued by the court.

How Can a Probate Attorney Help Me?

Probating a loved one’s estate is an intense, tiring, and sometimes overwhelming process that can seem impossible to accomplish all while you are grieving. Filing the right forms and documentation at the right time, dealing with beneficiaries, tax returns, and endless hours trying to inventory all assets and debts your loved one left behind are all tedious yet essential tasks for the decedent’s estate to be properly passed on to the next generation.

Fortunately, many of these tasks can be handled by a probate attorney. At Barilari & Williams, LLP, we provide legal services and guidance for clients going through the process of probating their loved one’s estate. We have the knowledge and the skills to help you take each step with confidence while avoiding costly mistakes. Contact our Pasadena office and request a free consultation by calling 888-EST-PLAN.