Costa Mesa Probate Lawyer

Costa Mesa Probate Attorney

At Ross Law Group, APC, we recognize the complexities and emotional weight that often come with the loss of a loved one. Our Costa Mesa probate lawyer is dedicated to supporting families through the probate process, from opening the estate until final asset distribution.

What Is Probate?

Probate is a legal process for administering the estate of a person who has passed away. Many people pass away with a will that directs their heirs on how their property and assets are to be distributed.

California Probate Process

The California probate process can be complex and lengthy, especially for larger estates. If an estate has to go through probate, the following steps may apply:

1. File the petition: The process begins with filing a petition with the California Probate Court in the county where the deceased person lived.
2. Notice: After the petition is filed, notice is given to any involved parties, such as beneficiaries and creditors.
3. Asset and inventory appraisal: The decedent’s assets are identified, listed, and valued.
4. Debt and tax payment: Outstanding debts and taxes owed by the decedent are paid from the estate’s assets.
5. Final distribution of assets: After all the debts and taxes are settled, the remaining assets are distributed to the beneficiaries as stated in the will or according to California law.

Will vs. No Will

In California, there are testate and intestate probates. The term “testate” refers to when a person passes away with a valid will, whereas “intestate” refers to when a person passes away without a valid will.

If a person dies testate, the will should designate an executor. This person is responsible for submitting the will to the local probate court. The court will officially appoint the person as the executor with the responsibility of administering the decedent’s estate as per the will’s instructions. This includes paying off debts and taxes, collecting assets owed to the estate, and regularly updating the court on the estate’s progress.

When a person dies intestate, the estate will be administered according to California state law. This means appointing an executor who will identify heirs and settle any debts and taxes. Once this is complete, the court will distribute the remaining assets to the heirs. Generally, the surviving spouse or domestic partner receives the largest share, then children, parents, and siblings, and if they are not identified, distant relatives may become heirs.

What Assets Are Subject to Probate in California?

Certain assets in California are subject to the probate process, including:

• Real estate (homes, vacation homes)
• Vehicles (cars, boats)
• Personal belongings (jewelry, art, collections, furniture, household goods)
• Financial assets (checking and savings accounts, stocks, business interests)

What Assets Are Not Subject to Probate?

Assets that are not required to go through probate in California include:

• Any assets that are jointly owned through a right to survivorship.
• Property held in a living trust created during the decedent’s lifetime.
• Life insurance and IRA benefits where a beneficiary is named.
• Shared bank, savings, and loan accounts or trustee accounts.
• Pay-on-death or transfer-on-death assets.
• Assets that are community property with a spouse.

If you are unsure whether your loved one’s assets will require probate, a knowledgeable probate attorney can assist you with the asset collection and discuss your options.

Small Estate Affidavit

If the decedent has a small estate, it might be possible to avoid going through the full probate process. This is called a small estate affidavit and is meant to simplify the transfer of smaller estates and reduce the costs for the family. In order to qualify, the decedent’s estate must be valued at $184,500 or less, and they must not have a surviving spouse or domestic partner.

If you think a small estate affidavit might work for your or a loved one’s estate, it is important to keep in mind the following:

• This affidavit cannot be used to transfer real property, such as a house or land.
• A formal probate case cannot be currently open.
• You must wait at least 40 days after the person has passed away to begin the process.

How Long Does It Take to Settle Probate?

The timeline of a probate case is usually unpredictable and will depend on how complex the case is, if there are any disputes among beneficiaries, and the court’s backlog and processing speed. In California, probate proceedings can last anywhere from nine months to a year or even longer in high-asset or complicated cases.

How Much Does Probate Cost?

The cost of probate differs for every estate and will depend on the size of the estate, the complexity of the assets, and fees for any attorneys and professionals who are involved in the process. Some fees that are common for many estates are executor fees, court-filing fees, appraisal fees, publican fees, and accountant fees.

Estate Planning Can Help Your Loved Ones Avoid Probate

Strategically planning out your estate before you pass away can limit the emotional and financial burden on your loved ones. A probate attorney can help you with estate planning and crafting a personalized plan that can provide you with peace of mind that your assets and heirs will be taken care of upon your death.

The benefits of estate planning include:

• Asset protection: Safeguard your estate from potential creditors and legal cases, and make sure your intended beneficiaries receive their maximum inheritance.
• Time and cost efficiency: Probate can be a long and costly process. Bypass this by planning ahead to save your family’s time and money.
• Personalized control: Take charge of your estate by determining how your assets will be distributed.
• Privacy: Probate court documents are public, so planning ahead can preserve your family’s privacy.

Estate planning usually involves creating a will, trusts, payable-on-death designations, a transfer-on-death registration, joint ownership, a healthcare directive, as well as appointing a power of attorney, designating beneficiaries, and addressing guardianship and estate taxes.

The Role of a Probate Attorney

Probate attorneys understand how tough it is to lose a loved one. They can support the executor, provide legal advice, assist with property and asset valuation, help settle debts and taxes, file documentation on time, and mitigate potential disputes among beneficiaries. They are there from the beginning paperwork to closing the estate, so the family can focus on taking care of themselves.

Reach Out to an Experienced Costa Mesa Probate Attorney

The loss of a loved one is a difficult time. Don’t let the complexities of the probate system add to your grief and stress. Our Costa Mesa law firm can help you through the process while ensuring a smooth transition. It does not matter if you are a beneficiary, heir, or personal representative, we are here to support you. Contact Ross Law Group, APC, for compassionate and personalized legal counsel.