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Probate & Business – Estate Planning – Trust Litigation – Inheritance Disputes – Product Liability – Trust Administration – Tax Planning
Navigating the probate process can be overwhelming, especially during the difficult time following the loss of a loved one. At Law Stein Anderson, a California Probate Lawyer will guide you through each stage, ensuring the decedent’s estate is administered efficiently and in accordance with state law. With years of experience in estate planning and probate matters, we provide compassionate, expert legal support tailored to your unique situation.
What Is Probate and Why Should You Have a California Probate Lawyer?
Probate is a legal process that occurs after someone dies. It’s a court proceeding that is time-consuming, complicated, and costly. However, it’s required for overseeing the distribution of a deceased person’s assets. The process usually starts with submitting a will and a court form to the county probate court. Sometimes the court has to prove the will is valid. Once the court determines the final will, the court appoints an executor. The executor then ensures the decedent’s debts and taxes are paid. The executor then gathers the decedent’s remaining assets to distribute to the beneficiaries. In some cases, probate is filed to resolve disputes among the beneficiaries. Typical probate in California usually takes a couple of years to complete.
Here in California, you’re not required to have a probate lawyer, but it’s a good idea to consider one. The probate process can get complicated, with court paperwork, settling debts, and dividing assets. A lawyer helps make sure everything goes smoothly and by the book, which can save you time, stress, and avoid costly mistakes. They’ll also guide you through California’s specific probate rules, which can be tricky, especially for larger or more complex estates.
Duties of a California Probate Lawyer
- Filing the petition to open probate with the California court.
- Identifying and valuing the estate’s assets.
- Notifying creditors and beneficiaries of the probate process.
- Settling debts & paying outstanding taxes or bills from the estate.
- Handling disputes such as will contests or creditor claims.
- Distributing assets according to the will or intestacy laws.
- Ensuring compliance with California probate law and deadlines.
- Preparing and filing reports with the court.
- Guiding the executor or administrator through their legal duties.
- Helping with real estate transactions or transferring titles.
Probate Fees
The state of California determines probate attorney fee commissions based on the estate’s total value. The statutory fees for attorneys and executors in California’s probate cases are 4% on the initial $100,000 and 3% on the subsequent $100,000. Importantly, the probate fees are the estate’s responsibility and do not require any upfront payment or obligation from the executor or administrator.
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