The Probate Process In California
The management of a deceased person’s estate typically involves three steps: Collection and management of their assets, repayment of taxes and other debts, and distribution of the remaining assets as specified in the individual’s will. If no proper will exists, the most viable solution is to undergo the probate process. If you are in need of assistance from an experienced probate attorney in Roseville, CA, the law firm of Meissner, Joseph & Palley, Inc. is only one call away.
In the state of California, the probate process requires a minimum of 8 months. Thus, we strongly recommend starting the probate process as soon as the funeral and other final arrangements have been addressed. Once the PR (personal representative) of the estate has been appointment, begin by hiring a qualified probate lawyer like John B. Palley to guide you through this difficult process. Your lawyer will meet with you for an initial consultation and planning, help you file the relevant court documentation, and help ensure a quick and favorable resolution.
The California Probate Code
Depending on your distinct situation, there are a variety of sections in the California Probate Code that may be dictate how the probate process is implemented. The primary determining factor is the size of your assets, as follows:
- Under $150,000 – The deceased’s assets can be transferred to you without proceeding through the entire probate process, which generally means a shorter time span and lower probate costs.
- Under $150,000 without real estate – California Probate Code section 13100.
- Under $150,000 with real estate – California Probate Code section 13150.
As a surviving spouse of the deceased, you may qualify for a spousal property petition that decreases the time span and costs of probate. In cases where trusts are not properly funded or titled, we may utilize a Heggstad Petition to have the rightful funds transferred to you – depending on the specifics of your case.
The next step is for you to take possession of the deceased individual’s property and perform a detailed inventory and appraisal of the assets for probate. We will assists you through the proper management of these assets as well as their personal belongings. Because probate is a document-intensive process, your attorney will ensure that all the forms and legal pleadings are correctly completed, filed with the court and mailed to all relevant parties in a timely manner. In most cases, we will also handle all court hearings for you. Once these steps are taken and the estate is ready for final distribution, the court will make a final decision on the settlement of the account and the process will be complete.
If you would like to find out more about probate, please do not hesitate to contact John B. Palley at the law firm of Meissner, Joseph & Palley, Inc. As the leading probate attorney in Roseville, CA, we are here to guide you through the probate process in a way that is smooth yet highly efficient.