Probate Administration
If you’re dealing with the loss of a loved one and need a trusted probate attorney, Legacy Sentry Law is here to help guide you through every step of the process. Probate is the court-supervised procedure for settling a person’s estate after death—ensuring that debts are paid, and assets are distributed to the rightful heirs.
When a valid will exists, the court follows its instructions to divide property and assets. If there is no will, the court applies California’s intestate succession laws to determine who inherits. Probate can also become the forum for resolving disputes or challenges to a will. Early planning is key to avoiding a messy probate process. It is crucial to create a will or establish a trust before losing mental capacity or passing away.
Understanding the Probate Process
Many people assume probate is always lengthy or expensive, but that’s not necessarily true. In California, smaller or simpler estates—typically under $208,850 in assets, with no real property and no Medi-Cal claims—can often move through the process quickly and at relatively low cost. Probate may also be streamlined when a surviving spouse inherits all assets without minor children involved.
For more complex estates, however, probate can take time—on average around 16 months, and longer if disputes or extensive assets are involved. While probate cannot be entirely avoided in California, having the right legal support can make it far smoother and less stressful. Typical probate expenses include court filing fees, attorney fees, and bond premiums.
Legacy Sentry Law can guide you through the probate process which includes:
- File a petition with the correct probate court
- Provide notice to heirs and beneficiaries
- Request the court to appoint an executor or administrator
- Compile and appraise the estate’s assets
- Pay valid debts and obligations
- Sell estate assets if needed
- Satisfy any outstanding taxes
- Distribute the remaining assets to heirs or beneficiaries as directed