A common first question we get from clients is, “What will happen to my property and assets when I die?” If you have just lost a loved one, you may have similar questions about their estate, especially if your loved one died without an estate plan in place. We’ve all heard of an estate going through “probate” but what does that mean?

Probate is the process through which a probate court finalizes a deceased person’s estate. The court can collect and manage the assets, determine what debts should be paid, and distribute the assets of the deceased’s estate according to their will or, if they died without a will, according to California’s laws of intestate succession. The process can be long and more expensive, so most people prefer to avoid probate if they can.

• Additional Costs:

Probate requires that a court supervise the distribution of assets. Because it is a court-administered process, probate can often require the assistance of an attorney. An executor must also be appointed to represent the estate and to carry out the wishes of the deceased. Both the attorney and the executor are entitled to separate payment or fees from the estate. While the fees are set by law according to the size of the estate, beginning at 4% of the first $100,000 of the estate and gradually decreasing to 1% for $1 million to $2.5 million.  Obviously, for both small and large estates, it would be beneficial to avoid these fees.

• Additional Time:

When dealing with a probate court, the process can be lengthy. Your attorney and the executor of the estate will need to file forms and details of the estate and will. Moreover, because the court must oversee some portions of the process, transferring property according to a will through a probate court can take anywhere from seven months to two years, with seven months being the minimum in California. During that time, you may not be able to sell property that is part of the estate or the heirs may not be able to take advantage of the proceeds of a sale.

• Loss of Privacy and Control:

Probate filings are generally open to the public. Both the deceased and the heirs may have information about their financial holdings and inheritance become public record. You will also lose some control over the distribution of your estate. A court will attempt to make determinations about your wishes for the distribution of your estate, but they may not always be entirely accurate.

With proper planning, it’s usually possible to avoid probate court. For some assets and property, a line of succession is clear. If your property or assets are owned in joint tenancy, meaning you own a home or a retirement account with your spouse; as survivorship community property; or are part of a living trust, those assets won’t need to go through probate. Similarly, if you have accounts where a payable-on-death beneficiary is named, or assets in a revocable living trust, those assets are exempt from probate as well. If the estate value is under $100,000, it may also be possible to avoid full probate.

Planning in advance is key if you wish to avoid having your estate go through the probate court. With gifts, joint ownership of property, trusts, beneficiary deeds, payable on death accounts, and other strategies, it is possible to plan your estate to protect your assets for your family and heirs. I have more than two decades of experience helping families protect their assets for the future. Call me at 714-639-1990 or send me an email to schedule a consultation.

At my firm, I have many clients who come in and ask about the probate process in California. Here is a list of some of the most common questions I receive. For specific guidance regarding your case, please schedule a consultation by calling 714-639-1990.

Probate is the process that the courts use to transfer property after a loved one has died. This can be thought of as “transferring the title” from the deceased individual to the person who is named in the will or other estate planning documents.

The courts use probate to create an accounting of the estate. They check the will to determine if it is valid. They collect all of the property belonging to the person who passed away and make sure that is properly valued. Once all financial obligations of the estate are accounted for, the property will be distributed according to the instructions contained in the will.

No, only specific property will be subject to the probate process. Certain property, such as homes owned together with a spouse, could be transferred to the surviving spouse without having to go through probate. Speak to an experienced probate lawyer to learn more about creating an estate plan that limits the amount of your estate that will need to be probated.

The best answer to this question is “it depends.” A simple estate without any complications can run anywhere from 5 to 10 percent of the value of the estate in court costs and fees. If any issues arise, those costs can increase dramatically.

There is a way to limit the financial exposure that you may face under probate. In my 25 years of handling probate matters for my clients, I have helped many clients efficiently go through the probate process. I will help you create the estate plan that allows you to protect your assets and reduce the possible contests that may arise after you pass away.

This is another tough question to answer without knowing the specifics of your situation. The quickest probate would be about a year, but the average is about 18 months. If the process is straightforward with no challenges, the estate can be probated relatively quickly. However, if there are any challenges to the will, it can lead to lengthy delays. Having an experienced attorney on your side can ensure that you are doing everything you can to make the process as efficient as possible.

I will gladly meet with you to discuss your probate case. To schedule a consultation with me, please call my Anaheim office at 714-639-1990 or send me an email using my contact form. I will help you and your family deal with these complex issues at such a difficult time.