El Dorado Hills Probate Lawyer

Are You Prepared for the California Probate Process?

While small estates, valued at less than $184,500, may be able to avoid a standard probate process in California, most families find that their loved ones own enough property to make the probate process necessary. Because of the price of real estate in El Dorado Hills and the rest of California, owning even a small plot of real estate is often enough to exceed the small estate amount, meaning most estate will pass through probate. This process involves passing the real property and funds that belonged to the decedent through the probate court. The probate court will help you navigate and resolve creditor claims, beneficiary concerns, and any other disputes about the estate. The close of probate involves a distribution of assets according to the decedent’s wishes or, in some cases, California intestate laws.

While some estate plans allow the family to avoid probate, chances are that probate will be a part of the estate administration process for your loved one. In this case, you should consult with a probate attorney for help through this complicated matter. Your lawyer can walk you through the steps of probate and protect your loved one’s assets, businesses, and property from creditors and unnecessary taxes. Probate attorneys can also assist with the administration of an estate, helping you assess assets, locate creditors, and settle debts. Contact us right away at 916-894-8790 to get started on your case.

What is Probate?

Probate is the process by which the state oversees critical aspects of estate administration when someone dies. Any person who has an estate or a portion of an estate that is not in a valid trust must have this estate pass through the probate process, which is overseen by each county’s superior court probate department. Certain small estates, those valued at less than $184,500, may be able to avoid probate. Probate can take anywhere from a few months to years for particular complex estates.

If the decedent had a valid will when they died, they would have named an executor who they trusted to settle their estate. When someone dies without a will, the probate court will assign a person to administer the estate. Either way, this person will be in charge of gathering and valuing the decedent’s estate. Even with a comprehensive will, the gathering of these assets and assessing their value can be difficult. The average probate in California typically starts at around $23,000 for an estate valued at $1 million. Making a mistake during this or any other step during probate can lead to lengthy and expensive delays, accruing court fees and other legal costs. Working with a probate attorney can help the probate administration process move smoothly so beneficiaries can receive their inheritance quickly.

During probate administration, the court will oversee the personal representative’s payment of debts owed by the decedent and any other necessary financial matters, such as the sale of property. The personal representative has a fiduciary duty to the beneficiaries to act in their best interests and ensure assets are preserved and properly distributed. They are also charged with distributing assets to beneficiaries, such as a surviving spouse and children, using the remaining assets after the estate’s debts are settled. Guardianship of minor children, life insurance policies, vehicles, bank accounts, real estate property, and other assets are all handled during probate. Assets that are held by a trust are generally exempt from passing through probate. Trusts are a valuable estate planning tool because, unlike probate, assets in a trust are private and can be distributed faster because they do not need to go through probate proceedings.

What Happens When Someone Dies Without a Will?

When someone dies without a will, many more issues tend to arise during the probate process. Because they died intestate and never named their beneficiaries, the court will require the administrator to follow California intestacy laws. These laws favor spouses and children first, but if the decedent had neither, the assets pass to siblings, parents, and eventually, distant relatives. When heirs can not be found, their assets may end up being absorbed by the state. When heirs are located, they may get into disagreements on what the decedent’s final wishes were. When two people have been long-term life partners who never got married, if one of them dies intestate, it can make probate particularly difficult for the surviving partner.

They may claim that a certain relative had been disinherited or that a certain piece of personal property was promised to a particular person. Probate proceedings can’t continue when these disputes arise. You may need to employ a probate attorney who is experienced with mediation to help you and your family come to an agreement so the estate can be settled and distributed.

What Are Some Common Issues with Probate in California?

Probate is normally a series of important administrative actions. However, several issues could come up as your family navigates the probate process following the death of a loved one. As previously described, issues are far more likely to arise if the decedent died intestate. With or without a will, hiring a probate attorney to assist your family and the administrator with the probate process can ensure a smooth process and actually save your family money in the long run.

Some common issues that arise during California probate are:

Fraud – Some families feel that the deceased was deceived or acting under duress when they created or changed their will or trust. When these suspicions occur, disputes are sure to follow. A probate litigation attorney will be able to help you investigate these claims and ensure the decedent’s final wishes are being honored.
Undue influence – Undue influence and other elder financial abuse may become obvious during the probate process. Elder financial abuse is illegal and can render a will invalid. Undue influence can come in many forms, but the most common elder abuse involves a caregiver or family member who convinced the decent to alter their estate plan for their own benefit. If there is no prior valid will, you will likely need the assistance of a probate attorney. Your attorney will be able to help the administrator settle the estate, as well as pursue legal actions against the abuser.
Invalid will – The court may not accept the will as a valid will if the decedent did not have the capacity or ability to understand what he or she was signing, the signed without the proper witnesses, or if there were other significant defects or errors in the instrument. When a will is determined to be invalid, if there are no valid previous wills, the probate court may resort to California intestacy laws to distribute property.
Challenges to the personal representative – The representative has a fiduciary duty to act in the best interest of the deceased person and follow their wishes. An untrustworthy representative who self-deals, selling themselves property at a far-discounted price, or favors one beneficiary over others may need to be addressed. If an executor breaches their fiduciary duty, legal action could follow, meaning you will need an experienced probate attorney.
Will contests – Siblings may disagree over asset distribution. If more than one heir inherits a piece of real estate, they may disagree on how to fairly split that property, especially if one heir would like to sell and another wishes to keep the property. Yonano Law Offices, P.C.’s experienced legal team has knowledge of real estate brokerage and real estate in the probate process.
Died intestate – Around 68% of Americans die without ever having written a will. Many issues can occur when trying to navigate the probate process without the direct instruction of the deceased person. While California law is pretty clear on how the administrator should distribute the property of a person who died intestate, interested parties may still disagree on how the estate is being handled.
Creditor claims – When the deceased person’s estate has more creditor claims or tax debt than expected, heirs may feel that some or all of the debts are illegitimate. Creditors have a limited amount of time to claim debts on an estate. Whether it is a late claim or you believe the claims aren’t accurate, these disputes can take a moderate amount of time to resolve.
No-contest clause – A no-contest clause makes challenging the decedent’s will far more difficult. California law only recognizes these clauses under specific circumstances, such as an heir making unfounded claims during probate. If an heir chooses to contest a will that has a no-contest clause and they lose, they may forfeit the entirety of their inheritance. A probate attorney can help you understand if you have a valid will contest before filing a petition and risking your inheritance.

If you feel that a part of the probate process is not being completed fairly or according to your loved one’s wishes, you could file a petition against the person you believe is at fault or has not properly performed his or her duties.

How Can a Probate Attorney Help Me?

Before pursuing litigation regarding your loved one’s estate, please reach out to a legal professional who is skilled in probate law. Your attorney can identify whether fraud has taken place or if the testator did not leave a valid will. They can also help settle disputes among beneficiaries regarding the transfer of assets. We understand that your family may need the estate assets in order to survive. When probate drags on, bills start to pile up, attorney fees can get expensive, and the upkeep of estate properties can suffer.

A probate law office is an excellent place to start if you have any concerns about the probate process. A probate attorney can answer your questions and investigate the details of what occurred during the creation of your family member’s will and other estate documents. If it is necessary to take legal action, they will stand by your side throughout the proceedings until estate distribution.

How Do Probate Attorneys Settle Disputes?

California probate attorneys don’t only help you through the administration process; they also help when disputes arise. Probate litigation can be expensive and will definitely cause probate delays. California probate lawyers offer a variety of legal services like mediation to help you and your family settle disputes before they become an expensive mess.

Probate lawyers employ various legal tactics to investigate the will, trust, and other estate planning documents to ensure the deceased person’s estate is being properly managed. They can examine financial records and beneficiary designations to find signs of undue influence. An experienced probate attorney will make sure the executor or trustee is upholding their fiduciary duty to the beneficiaries. If the executor or trustee removal is necessary, your attorney can petition the court to do so, bringing their valid legal observations to the judge’s attention.

When all other legal options fail, litigation may be unavoidable. Yonano Law Offices, P.C.’s probate lawyers are not afraid of a legal battle, and we will have your back throughout the probate process, in and out of the courtroom. Contact our El Dorado Hills office today. Yonano Law Offices, P.C. serves all of California.

Should You Hire Our Probate Attorney?

If you have any concerns or questions about navigating the complex California probate process, please give our office a call. We work with clients daily who face similar challenges to what you are going through. However, we know that your needs are unique, and we are ready to listen to your concerns and take the time to investigate every detail of your case.

We understand you may be hesitant to speak with an attorney. Perhaps you are worried about your family’s reaction to you seeking legal guidance or about attorney fees. Choosing to handle this without the guidance of an expert can actually end up costing you more money than hiring a lawyer. Tension and animosity may be more severe when families attempt to settle disputes by themselves. The goal is to avoid probate litigation using mediation and negotiation strategies. Many disputes arise because of a simple misunderstanding. Our law firm can help you and your family understand your loved one’s estate planning, the terms of a trust, and the legal process that is probate.

Not all disputes are unfounded. When you suspect undue influence or elder financial abuse, hiring a probate attorney who knows how to investigate these claims and oust untrustworthy executors or trustees can ensure your loved one’s estate planning is being honored.

We have decades of experience handling probate issues for families mourning the loss of their loved ones. Our El Dorado Hills office serves all of California. Do you need help with your probate needs? Contact us right away at 916-894-8790 to speak with our talented legal team and schedule a consultation.