Bethel Law Probate

At Bethel Law, we understand that losing a loved one can be an incredibly difficult and emotional time. Dealing with the legal matters that arise after a loved one's death can often feel overwhelming and confusing. That's why our experienced attorneys are here to provide the compassionate client support you need during this challenging time. With over 50 years of combined experience, our team of legal professionals has helped countless clients navigate the probate process in San Bernardino, Riverside, San Diego, Orange, and Los Angeles counties. We pride ourselves on our expertise, attention to detail, and commitment to providing personalized solutions that meet the unique needs of each of our clients.

What is Probate?

Probate is the legal process of passing clean title to assets onto the next generation – one's heirs and beneficiaries. Having a Last Will and Testament is not enough to avoid one’s estate from needing to pass through probate court, but a Will does allow one to outline their distributive wishes. Generally, having a revocable living trust can avoid probate with some exceptions for specific assets.

Determining if Probate is Necessary

In California, probate is required if the deceased person's assets are worth more than $184,500, or if they owned any real estate in their name. Shortened probate procedures may be available if the estate is worth less than $184,500 or if the real estate is valued at less than $61,500. If the estate is worth more than these amounts, then a full probate is required.

The Probate Process

The probate process in California involves three stages. The first stage is to identify and collect all the decedent's property that makes up their estate. This may involve searching through bank accounts, investment portfolios, and other financial documents. The second stage is to pay off the decedent's outstanding debts and taxes. This may require selling assets or liquidating investments. The final stage is to identify the proper heirs and distribute the assets to them.

Throughout the probate process, the probate court provides oversight and ensures that all obligations are met. The executor or administrator of the estate is responsible for carrying out the necessary tasks, such as closing accounts, selling assets, sending notices to interested parties, and distributing assets.

Legal Terms to Know

Before discussing the step-by-step process and the cost for a typical probate case, there are some legal terms one should know first, including:

• Decedent – The dead person whose estate is at issue.

• Estate – Property subject to the probate matter. I.e., the decedent’s property/assets.

• Intestate – Estate distributed according to the California Probate Code where there is no Last Will and Testament or where it has been found invalid.

• Issue – Child(ren).

• Executor – Manager of the decedent’s estate appointed by the court, as nominated under a Last Will and Testament.

• Administrator – Manager of the decedent’s estate appointed by the court where there is no Last Will and Testament.

• Letters – Court order granting authority to the manager of an estate. Executors receive Letters of Testamentary. Administrators receive Letters of Administration.

• Beneficiary – Person or entity identified to receive an inheritance under a Last Will and Testament.

• Heir – Person entitled by law to inherit assets from an estate.

• Contingent Beneficiary – Person or entity identified to receive an inheritance under a Last Will and Testament in the event one or more conditions are satisfied (such as the death of another named beneficiary)

The Cost of Probate

The cost of probate in California can be significant. The fees associated with probate include court fees, third-party fees, attorney fees, executor fees, and creditor fees. Attorney fees are determined by a formula based on the gross value of the estate. Executor and administrator fees are the same as attorney fees. In addition to these fees, there are court fees, third-party fees, and creditor fees. The total cost of probate can add up to tens of thousands of dollars, which can significantly impact the inheritance received by the heirs and beneficiaries.

To help estimate the cost of probate, our firm offers a free probate calculator below wherein you simply input the estimated gross value of the estate, and the attorney and executor/administrator fees will be calculated.

Probate Step-By-Step

Probating an estate in California can be a complex and time-consuming process. Below, we provide a general step-by-step instruction on how to probate an estate in California, while keeping in mind that each probate case is unique and may require additional or different steps.

Step 1: Determine if Probate is Necessary

The first step in the probate process is to determine if probate is necessary. As mentioned earlier, in California, probate is required if the deceased person's assets are worth more than $184,500 or if they owned any real estate in their name. If probate is necessary, the court will appoint a personal representative to manage the estate.

Step 2: File a Petition for Probate

Once it is determined that probate is necessary, the personal representative will need to file a petition for probate with the court in the county where the deceased person lived. The petition will include information about the deceased person, the assets in the estate, and the proposed personal representative. The court will review the petition and, if everything is in order, will issue Letters of Administration or Letters Testamentary to the personal representative.

Step 3: Notify Creditors and Beneficiaries

The personal representative will need to notify creditors and beneficiaries of the deceased person's estate about the probate case. This typically involves publishing a notice of the probate in a local newspaper and mailing notices to known creditors and beneficiaries.

Step 4: Inventory and Appraise Assets

The personal representative is responsible for identifying, inventorying, and appraising the assets in the estate. This may include bank accounts, real estate, personal property, and other assets. An independent appraiser may be hired to value the assets.

Step 5: Pay Debts and Taxes

Before any assets can be distributed to beneficiaries, the personal representative is responsible for paying any outstanding debts and taxes owed by the deceased person or the estate. This may involve selling assets to generate cash to pay debts.

Step 6: Distribute Assets to Beneficiaries

Once all debts and taxes have been paid, the personal representative can distribute the remaining assets to the beneficiaries named in the deceased person's will or, if there is no will, according to California law.

Step 7: Close the Estate

Finally, the personal representative will need to close the estate. This involves filing a final accounting with the court, showing how the assets were distributed and how any debts and taxes were paid. Once the court approves the final accounting, the personal representative's duties are complete, and the probate process is over.

Please keep in mind that this is a general overview of the probate process in California. Each case is unique and may require additional or different steps. It is important to work with an experienced probate attorney to ensure that the process goes smoothly and that your rights and interests are protected.

Free Consultation

While our firm advocates for the use of a revocable living trust to avoid probate, we understand that probate may be unavoidable for a variety of reasons. If you think you are in a situation where probate may be required or have other questions about estate planning, please contact Bethel Law for a free consultation. Our experienced attorneys can help guide you through the process and provide personalized solutions that meet your needs.

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