Many people have heard of probate but wonder what it is and what the process entails. To put it simply, probate is the process the court uses to make sure the deceased person’s creditors are paid and that anything left goes to the deceased’s beneficiaries. Unfortunately, probate can be anything but simple, depending on the size and nature of the assets to be administered, the number of parties involved, how well those parties get along, and many other factors. Complex probates are made all the worse by the fact that the family is in a state of mourning and under a great deal of stress. The last thing most families want to deal with at a time like this is the California probate court system.
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If you have suffered the loss of a family member and are faced with the prospect of dealing with the California probate court, you do not have to go it alone. We will guide you through the legal maze compassionately, efficiently and with a minimum of stress. We can:
- Help you determine whether probate is necessary or if an easier alternative is available
- Prepare a Small Estate Affidavit that will make probate unnecessary if the entire estate (including real estate) is worth less than $100,000
- Make all of the necessary court appearances on your behalf if probate is indeed necessary
- Oversee preparation and filing of income and estate tax returns for the decedent and the estate
- Quite possibly save tax dollars for the people who stand to receive money and property from the estate
- Help resolve disputes between the parties in an equitable manner
Many people also wonder just how long the probate process takes. While every situation is unique, a few generalizations can be made. In some instances, probate can be completed in as little as six months. For example, if the total value of decedent’s assets is under $100,000, no real property needs to be sold and there is no claim by Medi-Cal, six months should suffice, as long as the court calendar is not unusually crowded.
In most cases, however, the probate process takes much longer. In California, the average time is about sixteen months, and complex probates can go on for many years. Attorney and executor compensation are set by California statute and can be quite costly. In fact, California has some of the highest probate costs in the country.
While much of our practice is devoted to helping families avoid probate entirely, we take a great deal of pride in making the process as stress free and efficient as possible for our clients looking for assistance in dealing with probate. We have efficiently guided many families through the California probate court system, and invite you to contact us to see if we can do the same for you and your family.
