Sacramento Probate Lawyer

Helping Clients with the Probate Process

Going through probate can be challenging, especially during the delicate time of mourning for your lost loved one. In California, many estates must go through probate to ensure all debts are paid, inheritances are distributed fairly, and estate taxes are settled. During this process, the executor oversees each transfer and ensures the decedent’s wishes are honored.

You may wish to hire a probate law firm to help you navigate this difficult process, especially if you are named executor of the estate. An elder law attorney, like those at Yonano Law Offices, P.C., is an excellent resource for ensuring that each step of probate goes as planned. If issues arise, your probate attorneys can assist as you petition the California probate court to change the estate documents and how the assets are distributed. Call our probate attorneys right away for a legal team that can help you with every probate need you may have. Call 916-894-8790 today!

What Are the Steps of Probate in Sacramento, CA?

Estates of people who die in California often go through probate. The exceptions are for estates smaller than $184,500 or those protected by trusts and other estate planning instruments. During probate, creditor claims are handled, and the inheritance is passed on to beneficiaries. This includes assets such as real property, life insurance policies, bank accounts, and other items of value. Many experienced probate attorneys help their clients avoid probate if possible, but chances are your loved one’s estate assets must go through these administrative proceedings.

If probate is necessary during the estate administration of the deceased person, these are some of the steps you can expect to go through:

Inventorying the funds held in the estate
Validifying the last will
Assigning guardianship to any minor children
Paying off creditors if the decedent owed any debts, such as a mortgage or credit card debts
Distributing the remaining assets according to the beneficiary designations the deceased person left behind
Handling taxes owed on the estate

What Problems Commonly Arise During Probate in Sacramento?

Probate administration can be a complicated process. The administrator appointed by the Court oversees the process and reports on each step along the way to the California probate court. They must account for the assets owned by the testator or person who passed away. The executor also oversees any transaction that occurs when paying off creditors and taxes.

With so many moving parts, it’s easy for the estate administrator to run into challenges or make mistakes. This is when an estate lawyer is helpful. Hiring a probate litigation attorney may also be necessary if anyone wishes to contest the will or the executor’s actions.

Some problems during probate that could require the help of a probate lawyer are:

Disputes among beneficiaries regarding who receives what inheritance, including the surviving spouse and children, other relatives, and non-family members who benefit from the deceased’s assets
Accusations of dishonesty or breach of fiduciary duty by the executor
Will contests over the validity of the will due to undue influence, fraud, or lack of mental capacity
Problems with payments to creditors and the IRS
Beneficiaries not notified of the probate proceedings
When the decedent died without a will

What Happens When Someone Dies Without a Will?

Dying intestate is when someone passes away without a will. Unfortunately, this is a common issue that has a major impact on the distribution of a person’s estate. When someone dies without a will, the probate court becomes far more difficult as the court will need to distribute the deceased person’s estate without their input.

First, they will appoint a personal representative who can administer the decedent’s estate. This person will have all of the same responsibilities as an executor without any of the guidance estate planning offers. Once they gather, inventory, and value the deceased person’s estate and pay their debts, they will need to distribute the remaining assets. Only they won’t know the intended beneficiaries so they must distribute the remaining assets according to California intestacy laws. Intestacy laws favor the decedent’s spouse and children. If they have neither, it favors siblings, parents, and other close relative. If the decedent has no relatives, the estate’s assets may be claimed by the state.

Disputes are common during probate proceedings for people who die intestate because of the lack of input by the decedent. Beneficiaries may claim the deceased wished for certain assets or personal belongings to them. They may also claim that the decedent wished to disinherit a specific relative. These disputes can delay the probate process and incur extra legal expenses. If your loved one died intestate, speaking with a specialist in estate planning can help you settle disputes or pursue litigation if necessary.

Do All Estates Have to Pass Through Probate?

For the most part, all estates must go through probate court, whether the person died with or without a will. Estates valued under $184,500 do not have to pass through probate, but an interested party will need to complete a small estate affidavit and provide the necessary documents.

Property held in joint tenancy does not have to go through probate. Life insurance and retirement accounts also do not have to go through probate; instead, they are distributed to the named beneficiary.

Many people opt to employ a revocable living trust so their estate can avoid probate. A living trust is a valuable estate planning document. The trust maker funds the trust with their assets, and the trustee is in charge of trust administration as outlined in the terms of the trust. Assets held in a trust do not have to go through probate. Instead, they are distributed by the trustee.

What Does an Experienced Probate Attorney in Sacramento, CA Do?

A Sacramento probate attorney stands as a solution for each problem that arises during probate. Your probate lawyers will guide the executor through each step to be sure that all of their duties are met according to California law. They can also ensure that the deceased person’s wishes are met and that each beneficiary is treated fairly.

Some other duties of a Sacramento probate lawyer include:

Inventorying estate assets, including trusts, real estate, businesses, retirement accounts, and other funds
Notifying beneficiaries of proceedings and events that affect them
Resolving disputes among beneficiaries
Filing petitions in a timely manner
Holding executors, administrators, and trustees to their fiduciary duty
Investigating any scenarios that could lead to the will being declared invalid
Contesting the will and trust, if necessary
Standing by your side during any litigation that occurs

Should You Hire A Probate Attorney in Sacramento?

If you and your family are going through the probate process in California, you may be feeling stressed and overwhelmed by the many steps in these complex proceedings. Please understand that you do not have to do this alone. With Yonano Law Offices, P.C. on your side, you can proceed with confidence that the California probate process will be handled correctly and that your loved one’s assets will be distributed in the manner they wished.

Your family has gone through enough after losing your loved one. You deserve excellent legal counsel and representation you can rely on for probate law. Our California probate law firm has been helping families through probate for decades, giving us the experience and skill necessary to deal with any issues that may arise. Yonani Law Offices, P.C. is also a licensed real estate broker in California, which provides him with the knowledge required to resolve complications while handling real estate transactions during probate. Don’t live in Sacramento? We serve all of California.

We are ready to answer your questions and give you hope as you enter the probate process. Whether you are an executor who needs help administering an estate or if you are a family member with concerns about how your loved one’s assets are being handled, we have answers. Our California probate lawyers promise to take the time needed to resolve your concerns and will fight for your rights. Call our Sacramento law office today at 916-894-8790 to speak with one of our probate lawyers in Sacramento, CA.