Folsom Probate

Folsom Probate Attorneys

Skilled Probate Lawyers Guiding Clients Through the Emotional Probate Process

Losing someone you love is already hard enough, but the probate process can catch you off guard and make the grieving process much harder. The truth of the matter is, many people aren’t even aware of the probate process until someone they love passes away. Many people assume that a will is enough to pass the deceased’s estate to their heirs, but that is unfortunately not true.

With or without a will, when a deceased person passes away, their estate will likely have to pass through this legal process.

Please don’t take on this process alone while you are mourning the loss of a loved one. Our probate attorneys can take the weight off your shoulders, help you clear up probate disputes, and ensure a smooth, efficient probate process.

Are you starting your estate planning journey? Our experienced estate planning attorneys can help you manage your estate planning in a way that can partially, or even completely, bypass probate.

Call 916-957-3803 to schedule a free consultation with an attorney from the Law Offices of Daniel A. Hunt.

What Is Probate?

Probate is a court process used to settle a person’s estate after they pass away. It involves validating a will if one exists, identifying assets, and paying off debts. If there is a will, it will name an executor, the person in charge of settling the deceased person’s estate. When there is no will, or if the executor is no longer able to execute the will, the court will name a personal representative who will settle the estate. They will follow the instructions included in the will in order to locate assets and creditors.

After the assets are gathered, valued, creditors are paid, and the decedent’s final taxes are filed, the executor or representative will distribute the remaining assets to the named beneficiaries. If there is no will, the representative will distribute assets according to California’s intestacy laws.

Probate in California can take anywhere from 9 months to 2 years, depending on the surrounding circumstances. If there are any disputes among beneficiaries or potential heirs, if there isn’t a will or the will isn’t clear, or even if the probate court is overloaded with cases, you could be looking at waiting a pretty long time to settle your loved one’s estate.

What Duties Does the Executor Have?

The role of executor is a serious one with significant legal responsibilities and oversight. If you are the executor or personal representative of an estate, it is your job to manage the estate through probate.

Your duties will include:

  • Locate and file the will with the probate court
  • Petition the court to be officially appointed as the executor
  • Notify all heirs and beneficiaries
  • Notify known creditors of the decedent’s death
  • Inventory and secure all estate assets
  • Open an estate bank account
  • Pay valid debts and final bills from the estate account
  • File final income tax returns and pay any estate taxes
  • Keep detailed records of all transactions
  • Prepare and file an accounting with the court if required
  • Petition the court for permission to distribute the estate
  • Distribute remaining assets to beneficiaries
  • Close the estate with the court

Did you know that failing to follow these steps or missing deadlines can lead to legal liability? You have a lot of responsibilities if you are managing an estate, but the good news is that there is help. The Law Offices of Daniel A. Hunt has the probate team you need to lessen the load and ensure you are always operating within compliance.

Which Disputes Often Arise During Probate?

Probate is not always a smooth process. Even when there is a will, conflicts can still come up, especially when emotions are high or the estate is valuable. You may see disputes during probate when something in the will is unclear, multiple versions of the will exist, or there was never a will.

When more than one will appears, the court must determine which one is valid. If the language of the will is ambiguous or confusing, the court must determine what the decedent actually wanted. If claims that someone pressured the deceased into changing their will, the court will have to investigate.

Something as simple as the decedent’s family members arguing amongst each other about who gets what can cause significant delays. The family may also feel like the executor is not doing their job right or mishandling their duties.

Even worse, when creditors start raising claims, the estate can become contested, and beneficiaries may become even more disgruntled as they watch the estate drain from unforeseen debts.

Regardless of the dispute, the potential for significant delays and animosity grows, especially when settling the estate takes too long.

Did You Know That Probate Records Are Public in California?

Almost the entirety of the probate process is public information. That means anyone, not just relatives or heirs, can access these records.

Public probate records may include:

  • The will, if one exists
  • The full inventory and appraisal of assets
  • List of heirs and beneficiaries
  • Claims from creditors
  • Final accounting of the estate

Many people would consider this sensitive information, and we agree. That sensitive financial information just becomes part of the public record, and your family’s dirty laundry is available for anyone who wants to take a look.

While there’s not much we can do if you are already going through the probate process, if you’re just starting your estate planning journey, there are ways you can reduce the impact of probate for your loved ones.

How Do You Avoid Probate?

If probate sounds like a headache you would like to help your family avoid, then we are here to help. With a variety of estate planning strategies, we can work together to minimize or even completely avoid probate.

The following options can be used to make things significantly easier on your family after you are gone:

Create a Revocable Living Trust

This handy tool allows you to transfer ownership of certain assets into it. This type of trust is especially useful because it allows you to maintain control and even benefit from the assets throughout your life, then pass those assets directly to your family without the need for probate.

Beneficiary Designations

This applies to life insurance policies, retirement accounts, and bank accounts. It allows you to clearly designate to whom the funds of these accounts should be transferred in the event of your passing. These assets will pass directly to the named individuals and avoid probate.

Jointly Held Property

Joint tenancy with right of survivorship bypasses probate.

Gift Giving

This may sound like just being nice, but you can actually benefit by giving gifts before you pass away. When you transfer assets to a loved one, those assets won’t have to go through probate because you no longer own them. This has the added benefit of reducing the overall size of your estate, which can make probate even faster. Gift giving is also private, unlike other probate matters!

Keep Your Estate Plan Updated

By consistently working with an estate lawyer, one who can help you maintain and update your estate plan as your circumstances and probate laws change, can help minimize the impact of probate on your family. If you’re ready to get started, call our Folsom, CA, office, or visit us online to schedule a free consultation with an estate attorney.

Can You Handle Probate Without a Lawyer?

While it is technically possible to handle probate alone, doing so can leave you and your family legally exposed and could result in a significantly longer process. Even minor mistakes can become costly and lead to significant delays.

Suppose you find yourself the executor or personal representative for a complex estate, someone who died intestate, or of an invalid will. In that case, it is a smart idea to hire a lawyer to help you get through this process unscathed.

Are You Ready To Get Started With a Probate Attorney?

We understand if you are stressed out, emotional, and likely getting more and more exhausted as this process drags on. When probate disputes arise or the distribution of the decedent’s assets becomes overly complicated, you could benefit from the assistance of a probate attorney.

The Law Offices of Daniel A. Hunt has legal professionals who can help you settle an estate, get the assets where they belong, and save time for you and the decedent’s family.

Are you worried about the impact of probate on your family and ready to take steps to ease their burden? Our team offers a variety of legal services to help you get started. As our client, you will always get a custom-tailored approach to your family and situation. We don’t believe what works for some works for all, and that’s why you will get one-on-one attention from our estate planning attorneys.

Call 916-957-3803 to schedule a free consultation. We are ready to help you, from estate planning to navigating probate; we are the team for you.