Services

Have Questions About Probate in California? Contact Joel A. Harris Today

At the Law Offices of Joel A. Harris P.C., our California probate lawyer is an experienced, knowledgeable, and solutions-focused advocate for people and families. With a deep understanding of our state’s laws, we are prepared to help clients both minimize their exposure to and effectively navigate the probate process. If you have any specific questions or concerns about probate, please do not hesitate to contact us today at our Antioch law office for a confidential initial consultation.

What is Probate exactly?

Probate is a court procedure to administer and distribute an estate after death. If you have assets that are not in a Living Trust, or don’t have proper beneficiary designations, these assets will likely be subject to probate court administration after your death. This can be a very expensive and time consuming procedure, especially when you compare probate costs to the smaller cost of a good estate plan. Notably, in California, probate cases are divided into two broad categories:

• Probate with a will: A probate court must confirm the validity of the will. From there, the executor of the will manages the process to ensure that assets are distributed to the proper heirs/beneficiaries as named by the testator (deceased).
• Probate without a will: If there is no valid will in place, probate can still occur. However, the remaining property and assets will be distributed as required by California’s intestacy laws. The deceased loses control over their own estate.

An Overview of the Probate Process in California

Probate laws exist at the state level. It is crucial that you and your family have a general understanding of probate laws and requirements in California. Notably, probate cases are handled at the county level. If a person passes away in Antioch, their probate case will generally be brought in the court in Contra Costa County. Here is a general overview of how the probate process will typically proceed in California:

• Filing of petition: Probate does not start automatically in California. Instead, the process begins with the filing of a petition for probate in the superior court in the county where the deceased resided at the time of death. The petition should include details about the case.
• Appointment of an executor or administrator: If the deceased had a will, it typically names an executor who is responsible for managing the estate through probate. If there’s no will, the court appoints an administrator. This person is responsible for managing the process.
• Inventory of the estate: The executor or administrator must inventory the deceased’s assets and have them appraised. A comprehensive inventory is crucial for determining the value of the estate for tax purposes and for eventual distribution.
• Paying debts and taxes: Before distributing assets to the heirs, all debts and taxes owed by the estate must be paid—from credit card debt to personal loans to federal/state taxes. Assets cannot be distributed to the heirs until the outstanding financial obligations are handled.
• Distribution to heirs: After these steps, the remaining assets can be distributed to the heirs as per the directives in the will (or according to state law if there is no will.) Ideally, there will not be any conflict over the distributions, but issues can sometimes arise during the probate process—especially if there is a complex estate or if the instructions are unclear.

Is Probate Only an Issue if You Have a Large Estate?

In California, probate court is required to transfer assets if your estate includes real property, or non-real property assets exceeding $150,000. Probate does NOT affect assets in a Living Trust, or those with proper beneficiary designations. If you own a home in California, you should use a Living Trust if you care about your heirs.

If you have beneficiaries designated on any assets, be sure to be extremely careful about naming the correct beneficiaries! For example, young or disabled children make poor beneficiaries, but a Living Trust set up for them makes a perfect beneficiary.

Why Rely on California Probate Lawyer Joel A. Harris?

Probate law is complicated. Whether you are trying to limit your own estate’s exposure to probate or preparing to navigate the process after a loved one’s passing, it is normal to have a lot of questions. California probate lawyer Joel A. Harris has the legal expertise that you can trust. We are proactive and provide truly personalized legal guidance and support. Among other things, our Antioch probate law attorney is prepared to:

• Answer your legal questions during a comprehensive consultation
• Help you with all probate law paperwork and any procedural matters
• Take legal action to protect your interests and help you get the best outcome

Contact Our Antioch, CA Probate Law Attorney Today

At the Law Offices of Joel A. Harris P.C., our California probate lawyer is standing by, ready to protect your rights and interests. If you need experienced legal services in Alamo, Antioch, Berkeley, Brentwood, Danville, Discovery Bay, Lamorinda, Lafayette, Moraga, Oakland, Orinda, Richmond, San Ramon, or Walnut Creek, look no further than the Law Offices of Joel A. Harris P.C. Contact us today for assistance. Initial consultations are fully confidential and carry no obligations.