probate

Probate services 

I am committed to giving each of my clients the best experience possible. I can advise you of your options and relieve some of the stress that comes with administering an estate.

My services include probates, special administrations, ancillary probates and summary probates. A special administration is a proceeding to handle urgent estate matters that require attention before a formal probate can be established. An ancillary probate is generally needed when a part, but not the majority, of a decedent’s estate is situated within California and must be administered under California’s probate laws. A summary probate, or a simplified probate, allows the estate’s beneficiaries to obtain assets without going through the general probate process.

When is probate necessary?

When a loved one passes away with only a Will in place, or no estate plan at all, it is very likely that a probate is needed.

Probate is the court supervised process to administer a decedent’s estate. Assets with a value that exceeds the California small estate threshold (currently $184,500) and not held in trust most likely need to go through this process before they can be distributed to the decedent’s beneficiaries and/or heirs.

There are many exceptions to this general rule. An experienced attorney can help you determine which options are available to you.

For more information, review the California Courts’ Wills, Estates, and Probate page at the link below.

 

California Courts

 

How long does it take?

  • A simple probate takes approximately 8-12 months to complete
  • 2 months to get a hearing date and have an Executor/Administrator appointed
  • 4 months for creditors to file claims
  • 2 months to get a hearing to approve the final distribution

should you hire an attorney?

A probate can be complex and time consuming. If the estate is mismanaged you could find yourself personally liable.

An experienced attorney can do most of the legwork for you. This work ranges from court filings, to notices, to communications with the decedent’s family members.

You’ll want an experienced attorney by your side to ensure that you don’t miss any of vital steps and deadlines.

Open Probate

File a petition for probate and publish notice. Attend hearing on petition and obtain “Letters”

2-3 Months

marshall assets

Prepare and file list of estate assets, provide notice to creditors, pay expenses, debts, and taxes

4-5 Months

distribute assets

Prepare accounting, file petition to approve accounting and distribution, distribute assets to beneficiaries

2-3 Months