Long Beach Probate Lawyers Helping Clients Dealing With the Probate Process in California
While still in shock over their passing, probating a loved one’s estate may seem burdensome. Probation involves a lot of work and paperwork, but you can make the process go more smoothly if you know what to do and what to do if you need help.
Similarly, you may design your estate plans to avoid probate and prevent your loved ones from undergoing this occasionally time-consuming procedure. Our Long Beach probate lawyers provide essential details about California’s probate process.
How Does California’s Probate Process Work?
During the legal process known as probate, a judge supervises the distribution of assets to the legitimate heirs of a dead person’s estate. In California, the person designated as the will’s executor oversees the estate’s operations and performs duties, including submitting the necessary paperwork and contacting beneficiaries.
Before assets may be transferred to heirs, other processes may also need to be completed, including submitting a tax return, paying taxes, and paying creditors. The length of the probate procedure might vary depending on how complicated the decedent’s estate is. Many people find it helpful to rely on a probate attorney to help them through the procedure and ensure everything goes according to plan.
In California, is Probate a Requirement for All Assets?
Certain estates may be eligible for a streamlined probate process, and not all assets in an estate may be subject to probate. In general, assets with a designated beneficiary designation, such as living trusts, bank accounts, retirement accounts, pensions, and life insurance policies, do not often need to go through probate to be dispersed.
A streamlined probate procedure, which is more casual and may not take as much time and labor as a formal probate procedure, may be appropriate for estates valued at less than $166,250. If you are unclear whether you have assets that will need probate, you should always counsel a attorney.
Is there a way I may avoid having to go through probate with my estate?
Because every estate is different, it may be challenging to predict how the probate process will proceed, how long it will take, and what your family and your executor must do. For these reasons, many customers believe it is preferable to structure their estate so that as many assets as possible are not subject to probate.
A living trust is a estate planning technique that may be used, among other things, to keep assets out of probate. Living trusts come in a variety of forms, and many of them may provide you more control over how your assets are divided and prevent probate by transferring your assets to the trust beneficiaries without obtaining a judge’s permission. According to an estate planning expert, your best course of action will depend on your unique circumstances.
How Can an Attorney for Probate Help Me?
A probate attorney can offer crucial direction and legal assistance for individuals tasked with administering a loved one’s estate. Using the skills and knowledge of a professional, such as a probate attorney, maybe in your best interest because managing your loved one’s estate while grieving their death can be stressful.
The same is true for those who are preparing their estate plans and thinking about including instruments like a living trust to avoid probate. These kinds of tools could benefit, but only if designed and used appropriately.
Your lawyer may examine your assets and provide expert guidance on whether avoiding probate would benefit you or whether choices would be more appropriate. Our legal team at Barilari & Williams, LLC is here to help you with your probate inquiries and requirements. For additional information, call our Long Beach location at 888-EST-PLAN.
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