Roseville Probate Attorneys

Helping Clients Understand the Probate Process

If you have lost someone you love, then you have likely heard of probate. Unfortunately, the probate process isn’t talked about much, likely because of its macabre nature. This can lead to confusion when family members discover they have to wait before they can access a deceased loved one’s assets, or the legal costs that can arise during the process, or even the discovery that the deceased didn’t have a will, which means the California probate court will be stepping in and making some important decisions.

The good news is we are here to offer a helping hand. If you are just now starting the estate planning process, we can help you plan so your family can avoid probate. If you have found yourself as the executor for an estate and you have no idea what estate administration is, we can guide you through the process and alleviate some of the stress that comes with it. Or, if someone close to you has died without a will and you can sense conflict brewing surrounding their final wishes, we can make sure everything is above board.

Read more about the probate process here. If you are ready to speak with an experienced probate lawyer, call the Law Offices of Daniel A. Hunt at 916-633-7709 to schedule a free consultation.

What is Probate?

Let’s start by explaining the probate process and some of the steps encountered throughout. Probate is the legal process of settling a person’s estate after they pass away. It will generally follow these steps:

Validating the will, if there is one
The court appoints a personal representative or executor to handle estate administration
The representative must locate and inventory all of the deceased’s assets
They will have to notify creditors and pay debts owed by the estate
Final income taxes are filed and paid on behalf of the deceased
Once all obligations are handled, the remaining assets are distributed to the decedent’s heirs or beneficiaries
This process can take anywhere from 6 months to 2 years in California
Probate is a public process, and all filings become part of the court record

As you can see, this process is complicated, invasive, and can be intense. However, it becomes much more difficult when someone dies without a will.

Probate Costs and Executor Duties in Roseville

When families in Roseville face the probate process, one of their first concerns is the cost. In California, probate is often more expensive than in other states because the law sets specific fees for both the attorney and the executor. These fees are based on the gross value of the estate, which is the total value of assets before any debts or mortgages are paid.

How Much Does Probate Cost in Roseville and Placer County?

California law uses a sliding scale to determine ordinary fees for the probate attorney and the executor. Because these fees are set by the California Probate Code, they are consistent regardless of which law firm you choose.

California Statutory Probate Fee Schedule

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
0.5% of the next $15,000,000

Both the attorney and the executor are entitled to these fees separately. This means the estate pays the total percentage twice. For a Roseville home valued at $650,000, the combined fees alone reach $32,000.

These costs do not include court filing fees, appraisal costs by a probate referee, or extraordinary fees that a judge may approve for complex tasks like selling real estate or handling a lawsuit. These expenses are paid directly from the estate, which reduces the inheritance left for your loved ones.

Many families in Roseville and Auburn choose to create a living trust specifically to avoid these high costs. A trust allows assets to pass to heirs without the need for court involvement or statutory fees. If you are currently navigating probate or want to protect your family from these expenses in the future, The Law Offices of Daniel A. Hunt is here to help.

The Legal Duties of an Executor

When the court appoints an executor to manage an estate, that person takes on a fiduciary duty. This is the highest level of legal responsibility. The executor must act honestly and always put the interests of the beneficiaries and creditors first.

Core Responsibilities of an Executor

Securing Assets: The executor must find and protect all property, bank accounts, and business interests. This includes changing locks on homes and ensuring insurance stays active.
Avoiding Self-Dealing: An executor cannot use their position for personal gain. They cannot buy estate property at a discount or use estate funds for personal bills.
Providing Accountings: Beneficiaries have a legal right to know how the estate’s money is being spent. The executor must keep detailed records and provide a formal report to the court.
Acting Impartially: The executor must treat all heirs fairly. They cannot show favoritism, even in complex family situations.
Meeting Deadlines: Probate involves many strict timelines. Failing to file paperwork or notify creditors on time can lead to delays and personal liability for the executor.

Managing these duties can be overwhelming, especially for someone who has never been an executor before. Mistakes can lead to the executor being held financially responsible for losses to the estate.

Whether you need to hold an executor accountable or have been appointed yourself and need guidance, our Roseville probate lawyers are ready to assist. At The Law Offices of Daniel A. Hunt, we provide the support needed to navigate the Placer County probate court with confidence. Contact us today to schedule a free consultation.

What Happens When Someone Dies Without a Will?

When someone dies without a will, they are considered to have died “intestate.” Estate administration will still follow the above-mentioned steps, but now it will have to be completed without the decedent’s input.

The probate court will assign a personal representative to manage the estate. Since there isn’t a will, the representative will have to locate all assets and creditors without the help of an estate plan. When someone dies without a will, their assets are distributed according to California intestacy laws.

California intestacy follows this hierarchy:

Spouse
Children
Parents
Siblings
Distant relatives

If they wanted a majority of their assets to go to their minor children or they intended to leave something to a close friend, it wouldn’t matter. Without a will, the probate court will distribute their assets without considering their final wishes.

Delays and Disputes

When there isn’t a will to guide estate administration, the possibility of delays and disputes rises, and not just slightly. Your family members may argue over what your final wishes actually were. The probate process will take significantly longer as your personal representative tries to locate your assets and determine who gets paid what. Your estate will remain in stasis while the courts try to settle your estate, meaning bills will continue to accrue and your estate will continue to dwindle.

Don’t leave these things to chance. Don’t let a judge who has never met you make decisions on your behalf. Call 916-633-7709 to make sure your final wishes are known and your estate is managed the way you intend, not the way the state defaults to.

Can You Avoid Probate?

The bad news is that if you are managing a loved one’s estate and you’re hoping to avoid probate, unless the deceased took proactive measures to ensure their estate avoided probate, their estate will have to go through probate.

The good news is that if you are looking to minimize the impact of probate on your loved ones after you pass away, you have options!

Revocable Living Trusts

This is one of the best ways to manage your estate, retain control over your assets, and avoid the impact of probate on your loved ones. Trust administration looks somewhat similar to estate administration with a will. There are beneficiaries, assets to be distributed, and instructions to follow. Unlike probate, trusts are private, and assets can be distributed to your beneficiaries as soon as you pass away (or according to instructions in the trust) instead of waiting to complete probate.

Beneficiary Designations

You can use transfer on death or payable on death designations for certain accounts and life insurance policies, which gives your beneficiaries near immediate access.

Joint Ownership

Property held in joint tenancy can transfer directly to the surviving co-owner without the need for probate.

Lifetime Gifting

This method reduces the size of the estate subject to probate. However, certain taxation rules must be observed.

How Can a Probate Lawyer Help Resolve Disputes?

Because of the nature of probate and estate administration, emotions tend to be high, and tempers can flare, especially when someone feels like their loved one’s wishes are being misrepresented.

An experienced probate attorney can help you and your family understand the estate planning documents the decedent had prepared. If the decedent didn’t have a will or any other estate planning documents, they can help ensure your voice is heard over all of the noise.

Attorneys who understand probate law know how to navigate these disputes and read between the lines. When you are struggling to honor someone’s final wishes, it can help to hire a probate lawyer who isn’t emotionally or financially invested in the outcome of probate.

The best way to avoid probate disputes is by planning. An estate planning attorney can help address your specific needs, ensuring probate administration is smooth and dispute-free for your family.

The law offices of Daniel A. Hunt, an estate attorney, offer a variety of legal services and a history of prioritizing our clients’ interests. You can count on the guidance provided by an estate attorney from the Law Offices of Daniel A. Hunt. When representing clients’ interests, our priority is with their specific needs. Call 916-633-7709 to schedule a free initial consultation where you can ask the important questions and get started with your estate planning.