With probate court, the rules and processes differ depending on the residency state of the deceased. It’s important to understand the state-specific rules, which is why you need an experienced legal advisor. Skvarna Law Firm operates within California and understands the nuances between the different states. This post discusses probate law specific to probate law.
But why exactly do we need probate?
It’s intended to provide oversight to the process of property transference to heirs or beneficiaries, determine if a will is valid, and managing the financial obligations and assets of the deceased. The process takes nine to 18 months, and often places considerable strain on executors who don’t understand the procedures and legal language involved. Probate law is even challenging for attorneys that don’t specialize in estate law, such as this Fresno attorney who normally works with the local police department, but was suspended from practicing after mishandling a friend’s estate.
Consider these aspects of California probate law:
The $150,000 or Less Rule
In California (and other states), a provision where the legal inheritors of a decedent’s property can take possession of it if the entirety of the estate is $150,000 or less. More than 40 days need to have passed since the death, and the inheritor can write an affidavit to transfer ownership. But be careful, as there’s special rules for calculating the net amount, and certain types of items such as cars or boats are not included in the calculation. For questions, talk to an experienced estate attorney.
If the person’s estate is more than $150,000, then there are no exceptions and it must proceed to probate court (unless there was a living trust or other instrument in place).
Starting and Managing the Process
Within 30 days of the death, the person holding the will (the “custodian”) must bring it to the probate clerk’s office and send a copy of the will to the executor in charge of the estate.
The probate court appoints an “Executor” and “Administrator.” Next, a “petitioner” must start a case in court with a “Petition for Probate” within the county where the deceased person resided. There are different types of petitions, that are dependent on if there was a will or not, and other factors. The guidance of an estate attorney is invaluable in this instance and throughout probate.
Once probate is filed, a hearing date and the petitioner must provide written mailed notice to people involved in the estate (family members, individuals named in the will). The court publishes a notice in a general circulation paper. Then, the court decides to approve or deny the appointment of the executor or administrator.
The executor proceeds with various forms and procedures collects assets, pays off debts, and pays attention stipulations in the will. The court will ask for various status reports during this period. The final accounting report must be approved by the court before the executor/administrator can be released from their duties.
Here are some tips for seamlessly managing the California probate court process:
- Organization is your friend. Probate is a paperwork-intensive process, one that requires documentation and various complex forms. Secure paperwork (such as death certificates and executor appointment).
- Work with an estate attorney. You need the guidance of an attorney to prevent errors and delays during the probate process.
- Discover the deceased’s assets and various obligations. Collect as much information as you can about all financial and property assets and outstanding bills and balances. Probate court requires a final report for the estate. So, you need information to create a proper auditing of the estate.
Navigating the California probate process is tricky, even for estate attorneys. The best way to avoid the complexities and time-consuming probate is to proactively plan an estate. It’s best to keep it out of probate altogether. Talk to the experts at Skvarna Law Firm. We manage probate in California and structure smart legal strategies for tax-friendly estate plans.
About Skvarna Law
Skvarna Law Firm operates offices in Glendora and Upland, California. We also provide legal services for individuals living in San Bernardino, Los Angeles, Orange and Riverside Counties. We specialize in estate planning, wills, probates and trusts. This includes the cities of Upland, Ontario, Montclair, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Pomona, La Verne, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma. Visit SkvarnaLaw.com to learn more.
