Probate

What is probate?

Probate is the legal process of distributing a deceased person's estate to their heirs or beneficiaries. The process typically involves validating the deceased person's will, paying any outstanding debts or taxes, and distributing assets to beneficiaries.

Do all estates go through probate?

No, not all estates go through probate. If the deceased person had a living trust or other estate planning tools in place, their assets may pass directly to their heirs without the need for probate. Additionally, estates with a total value below a certain threshold may be exempt from probate.

What is the role of the executor in the probate process?

The executor is responsible for overseeing the probate process, including identifying and valuing assets, paying outstanding debts and taxes, and distributing assets to beneficiaries. They are also responsible for filing any necessary paperwork with the court and communicating with beneficiaries throughout the process.

How long does probate typically take?

The length of probate can vary depending on the complexity of the estate and the jurisdiction in which it is being probated. In some cases, probate can be completed within a few months, while in others it may take a year or more.

What are some common challenges that can arise during the probate process?

Challenges to a will, disputes over asset distribution, and creditor claims are among the most common challenges that can arise during the probate process.

Do I need an attorney to assist with probate?

While it is possible to handle probate without an attorney, it is often a complex and time-consuming process. Hiring an experienced probate attorney can help ensure that the process runs smoothly and that your rights as a beneficiary or executor are protected.

What are some ways to avoid probate?

There are several estate planning tools that can help you avoid probate, including living trusts, payable-on-death accounts, and joint tenancy with right of survivorship. Consulting with an estate planning attorney can help you determine the best options for your individual needs.

Can the probate process be contested?

Yes, the probate process can be contested if beneficiaries or other interested parties believe that the will is invalid or that the executor is not fulfilling their duties. Contesting a will or the probate process can be a complex and costly process, so it is important to consult with an attorney before taking any legal action.

How much does probate typically cost?

The cost of probate can vary depending on the complexity of the estate and the jurisdiction in which it is being probated. Generally in California, the cost is a calculated percentage of the estate value.  Currently in 2023, an estate with a value of one million dollars will cost $23,000 in attorney fees. 

Is probate public record?

Yes, probate is a public record, which means that anyone can access information about the deceased person's assets, debts, and beneficiaries. This is why many people choose to use estate planning tools, such as living trusts, to avoid the probate process and maintain privacy.