FAQs
The probate answers at your fingertips.
The FAQs provide direct responses to the most common questions regarding the probate process in California. This section is tailored to offer you quick and reliable information, simplifying complex legal topics into easily digestible answers.
What is probate in California?
Probate is a legal process that occurs after someone dies, in which their assets are identified, debts are paid, and the remaining assets are distributed to their heirs or beneficiaries. It is a court supervised process.
How long does the probate process take in California?
The probate process in California typically takes around 9 to 18 months, but it can last longer if the estate is complex or if disputes arise.
Is probate necessary for all estates in California?
Not all estates require probate. For example, estates valued under a certain threshold can go through a simplified process. Also, assets placed in a living trust or jointly owned property might avoid probate. If you’re unsure whether probate is required for your situation, schedule a call with us.
How much does probate cost in California?
Probate costs can vary, but they typically include court fees, attorney's fees, and executor's fees, all of which are set by state law. Additional costs can arise from appraisals, business operations, property management, and more.
Can probate be avoided in California?
Yes, through careful estate planning such as creating a living trust, assigning payable-on-death designations, or owning property jointly, you might avoid probate.
What is the role of the personal representative in the probate process?
The personal representative (i.e. executor or administrator) is a fiduciary responsible for managing the estate while following the probate code. This includes gathering assets, paying valid debts and taxes, and distributing the remaining assets according to the will or state law following court orders.
What are the duties of a probate attorney?
A probate attorney guides the personal representative through the probate process. This can involve giving advice, preparing and filing documents, representing the personal representative in court, and helping to resolve disputes.
Do I need a probate attorney to navigate the probate process?
While it's possible to go through probate without an attorney, it's generally recommended to have one, especially for larger or more complex estates. The probate process involves many legal intricacies that can be challenging to navigate alone. When mistakes are made, they can cause delays, wasting time and resources.
What happens if there's no will?
If there's no will, the estate will be distributed according to California's intestacy laws. Generally, the decedent's closest relatives will inherit at the close of the probate process.