| PROBATE LAWYERS CALIFORNIA: Probate is a court proceeding for transferring a deceased person's assets to the beneficiaries listed in his or her will. |
| Probate in California is a court supervised process that is used to wind up a person's legal and financial affairs after death, usually overseen by probate lawyers California. In California probate proceedings are conducted in the Superior Court for the county in which the decedent lived at death, and can take six months and usually longer, up to two years. Probate lawyers Southern California can give you a better understanding of the timeline for your particular California probate situation. |
| Typically, the "executor" named in your will would initiate the process after your death by filing a petition in the superior court (California State Probate Court) and seeking official appointment by the California Probate Court, a probate lawyer is often involved at this point. The executor or probate lawyer would then take control of your assets, evaluate and pay your debts (if any) and, after receiving California Probate Court approval, disburse the rest of your estate to your beneficiaries or heirs. If you die intestate (meaning, without a will), a relative, loved one or other interested person could start the California probate process. Probate lawyers Southern California can advise you on these and other related probate lawyer issues. |
| The individual who is designated in the will as executor files a petition with the California Probate Court asking that he or she be appointed as executor officially, a probate lawyer typically assists with this process in order to explain California probate duties. If there is no will (the person has died intestate), the California Probate Code provides a list of loved ones and relatives who have priority to petition to become executor, unfortunately, this process can take extra time and expense, but probate lawyers Southern California can often assist you through the process. The will (hopefully probate lawyers California has prepared a proper will) is also filed with the California probate petition, and notices are sent to the heirs, relatives and/or loved ones to let them know when the California probate hearing will be held and which probate lawyers California are involved. If there are objections to the California Probate petition received by the executor or probate lawyer, or if the validity of the will is contested, a California court hearing will be used to resolve any problems that have arisen, often through probate lawyers Southern California. In some cases this may mean that the will is found to be invalid by the California court, or that some alternative executor is appointed to administer the estate who is more able to execute California probate duties. If becoming appointed as executor is important, it is wise to be represented in such a California probate proceeding by probate lawyers California. |
| PROBATE LAWYERS CALIFORNIA, CONTINUED: In most California probate cases, however, there is no objection and the California probate petition is granted, often without the need for probate lawyers Southern California. The executor then takes an inventory of the estate's assets and liabilities, identifies creditors, pays necessary bills, files estate tax returns, and just generally manages all estate affairs, often done with the professional guidance of a California probate lawyer. When the duties of the executor or probate lawyer California are completed, a second petition is filed with the California Probate court asking that the estate be disbursed to heirs, again often done with the assistance of probate lawyers California. When this petition is granted, the estate administration is completed by formally disbursing the assets to the heirs and filing final tax returns, it is advisable to at least consult with probate lawyers California during this process, and typically an estate with valuable assets should be properly represented by probate lawyers Southern California to ensure California probate duties are carried out properly. |
| In some cases involving no probate lawyers California, the California Probate court appoints an administrator to handle the estate. "Personal representative" is a defined legal term used to describe the administrator or executor appointed to oversee an estate. It may be a good idea to consult with probate lawyers California, such as McFarlin & Geurts, LLP to have California probate duties explained in plain English. It is difficult for probate lawyers Southern California to answer California probate duties questions without learning about the specific California Probate case and what California probate duties will arise. |
| Simpler probate lawyers California procedures are available for transferring property to a spouse or for managing estates in which the total assets amount to less than $100,000. The California probate process has advantages and disadvantages. Only probate lawyers California can give you legal advice regarding California probate duties. |
| CALIFORNIA PROBATE FEES: California Probate Code section 10810 sets the statutory fees that probate lawyers California can charge for a California probate. Alternative fees can be ordered by a California Probate court for more complicated cases involving probate lawyers Southern California. The probate lawyers California fees are four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000, and one-half percent of the next $15,000,000. For estates larger than $25,000,000, the California Probate court will determine the probate lawyers California fee for the amount that is greater than $25,000,000. |
| The California probate court is accustomed to resolving disputes about the disbursement of assets and California probate duties fairly quickly through a process with established rules. In addition, the California probate court reviews the administrators handling of each estate, which can help protect the beneficiaries interests, this is often done at the special request of probate lawyers Southern California. |
| APPRAISAL OF THE CALIFORNIA PROBATE ESTATE: California Probate Estates are appraised by California probate referees (who are sometimes probate lawyers California themselves). These California probate referees are designated by the California State Controller to determine the fair market value of assets. This market value takes into consideration mortgages and other debts, although the California probate referee appraisal process is not necessarily adversarial, it is a good idea to have probate lawyers California on your side during this process. Probate referees receive a fee from the estate for their services. |
| In California probates that are complicated by l probate lawyers Southern California lawsuits regarding California probate duties, tax problems, or other issues the probate lawyers California and executor can ask the California Probate Court judge to approve fees that are higher than those set by state law. |
| COURT COSTS:In addition to the California Probate statutory fees, there are costs for appraisal fees, publication costs, and miscellaneous fees charged by the county (other than probate lawyers California fees). A typical estate might incur $1,000 to $3,000 in court costs and other California Probate court mandated fees. |
| ADVANTAGE OF PROBATE IN CALIFORNIA: There aren't many advantages to Probate in California, but we have identified a few to consider. The California Probate proceedings are controlled by a judge, who can resolve disputes between heirs or between the heirs and the executor (or their probate lawyers California as the case may be). Creditors are required to submit their claims within a four-month period, provided they have been notified of the probate, probate lawyers Southern California can take care of this for the estate. The probate executor or probate administrator is required, in nearly all cases, to submit an accounting and report of the probate executor's activities to ensure California probate duties are being carried out. |
| Another disadvantage of California Probate, is that California probates are public, even when probate lawyers California are involved. The estate plan and the value of assets will become a public record when it is filed with the California Probate Court by your probate lawyers Southern California. Also, because California probate lawyer's fees and executor's commissions are based on a California statutory fee schedule, a California probate may cost more than the management and distribution of a comparable estate under a living trust. Of course the probate lawyers California at McFarlin & Geurts, LLP can more fully elaborate on these disadvantages for you. |
| Time can be a disadvantage of California Probate as well. A California Probate proceeding, even when using the services of probate lawyers California, generally takes longer than the administration of a living trust. Discuss such advantages and disadvantages as well as California probate duties with Southern California probate lawyers before making any decisions. |
| AVOIDING PROBATE IN CALIFORNIA:Many California estates simply do not need to be probated. For information about avoiding probate in California, please call McFarlin & Geurts, California probate lawyers, as soon as possible as there are always measures Southern California probate lawyers can take to assist you in California probate duties or avoiding or minimizing the negative impact of probate on your estate. |
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| CALIFORNIA PROBATE DUTIES |
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| WHAT ARE THE CALIFORNIA PROBATE EXECUTOR'S DUTIES? |
| If you are a California Probate executor, or you are involved in a probate proceeding, you may ask what California probate duties an executor has. Administration of the California Probate estate includes managing assets to prevent loss or waste, paying bills for the estate on time, filing tax returns and other necessary tax documents and disclosures, preparing an inventory of assets, locating and notifying heirs, and many of other California probate duties. The goal (and fundamental California probate duty) of a probate administrator or probate lawyers California is to resolve all financial issues of the decedent's estate and distribute estate property to beneficiaries without further legal problems. California probate duties are serious business, and it is a good idea to at least consult with California probate lawyers or Southern California probate lawyers before undertaking California probate duties blindly. If California probate duties are not carried out properly by the executor, there could be liability involved for the executor himself. |
