Following a person’s death, any heirs must take a myriad of steps to administer their estate legally. The most significant factor in this process is whether or not the estate has to go through probate. Because probate is a complex process that is often difficult to understand without a legal background, working closely with a qualified San Diego probate lawyer can help you immensely. Consult our team today to learn more about how probate works in San Diego.

Understanding Probate in San Diego?

Probate is the legal process that manages the transfer of assets and liabilities after an individual’s death. In most cases, California law requires that probate occurs to ensure the legal and accurate distribution of assets to all beneficiaries. This process can be quite complicated, sometimes taking a year or more to complete. However, in some cases, probate can be completely avoided, rendering the process of transferring property much simpler and potentially reducing costs.

How Long Do You Have to Transfer Property After a Death in San Diego?

Legally, property in San Diego must be transferred within a year after an individual’s death. This gives the executor of an estate 12 months to complete the following steps:

• Evaluate whether the estate requires probate
• File the petition for probate
• Notify any and all stakeholders, including heirs, beneficiaries, and creditors
• Inventory all assets and debts
• Pay debts and taxes
• Distribute assets to beneficiaries
• Close the estate with a final accounting

Is There Any Way to Avoid Probate in San Diego?

In some cases, there may be more efficient alternatives to probate available. By pursuing options that avoid probate, you can potentially speed up the process of transferring property while also saving money on future legal fees. You can potentially avoid probate with:

• Small Estate Affidavits.A Small Estate Affidavit is a legal document that transfers property from the decedent to a beneficiary without the formal probate process. Estates valued under $184,500 after an inventory of personal property, bank accounts, stocks, and other assets are eligible for this type of transfer.

  California requires a 30-day waiting period before the affidavit can be filed following the decedent’s death. After this, a death certificate can be presented with the affidavit either to the court or to the party that holds the asset, such as the bank. Doing so can significantly reduce the amount of time and money required to transfer the property.

• Transfer on Death Deed.A Transfer on Death deed allows for the immediate transfer of real estate to the beneficiary without the need for probate. However, the beneficiary must still follow certain steps to legally record the transfer. Upon the owner’s death, the beneficiary must submit a death certificate, the Transfer of Death deed, and any other required documents to the county office to officially record the change in ownership of the property.

  If an individual wants this option available to their heirs, they must detail it in their estate plan while they are still living. The deed is fully revocable, allowing its owner to change their mind at any time, even without the beneficiary’s consent. Once the form is properly completed, signed, and notarized, it can be recorded with the county office where the property is located.

• Trust Administration.Another alternative to probate is creating a trust, which allows assets to be transferred upon death without the need for court involvement. It requires the owner to first set up a trust, appoint a trustee, and then transfer the desired assets into the trust. Upon death, the beneficiaries are notified, and the trustee then gathers the necessary documents, including the death certificate, to proceed with administering the trust.

Much of the remaining process follows the same steps as probate, such as inventorying the assets, settling debts, and distributing the assets, but it does not require the court’s oversight.

FAQs

Q: How Long Do You Have to Transfer Property After Death in California?

A: In California, the timeframe for transferring property after death can vary depending on several factors, such as whether the estate goes through probate, utilizes a trust, or qualifies for a simple transfer process. Generally, the process can take between 7 months and 12 months from the time the petition is filed. However, some estates may qualify for a simpler transfer process if they are smaller or less complex, ultimately settling in just a few months.

Q: What Is a Transfer on Death Deed in San Diego County?

A: Property owners can establish a legal document, known as a Transfer on Death (TOD) Deed, to establish a beneficiary who will receive their property upon their death. This then removes the need for probate when they pass. Provided the deed meets all legal requirements, the property will immediately pass directly to the beneficiary in the event of the owner’s death. While this is a relatively straightforward process, it is important to ensure that a TOD outlines your exact needs.

Q: How Long Does an Executor Have to Settle an Estate in California?

A: In California, an executor has one year from the date of their appointment to complete probate and settle an estate. If the executor files a federal estate tax, however, they may have up to 18 months instead. While an executor should work as diligently and efficiently as possible in order to meet this deadline, it is important that they also take the necessary time to handle the affairs of the estate properly. Hiring a probate lawyer can help you handle this process.

Q: Can Property Be Transferred Without Probate in California?

A: Some properties can avoid probate when being transferred as long as they meet certain conditions. For instance, property that is held in a living trust can be transferred to established beneficiaries without probate. Additionally, smaller estates valued under $184,500 can be transferred using a simple affidavit, thereby avoiding the formal probate process. Lastly, a Transfer on Death Deed allows an heir to immediately receive assets when the owner passes.

Your San Diego Probate Team

Whether an estate requires probate or not, it is essential that you work with a skilled attorney who can assess your case and ensure you manage all legal aspects properly. The team at Sweeney Probate Law can provide you with appropriate legal counsel, helping you to transfer property legally and efficiently in San Diego. Contact Sweeney Probate Law today for more information.