The aftermath of a loved one’s death is seldom easy or simple. This is, unfortunately, especially true due to how soon after their death their estate enters into probate. Speaking with a California probate lawyer can clarify any uncertainties you have, such as what assets avoid probate in California and how to simplify the overall process by eliminating any unnecessary legal procedures.

What Is Probate and Settling an Estate?

A person’s estate is the sum of all properties and debts belonging to them. Often, people plan ahead for what’s to become of their estate following their death. One estate planning document is a will. After the estate owner, called the decedent, has passed away, the estate typically goes into the legal process of probate. Probate involves the Probate Department of the decedent’s county Superior Court.

Not everyone will have a will prepared before their death; in these cases, property is distributed according to the decedent’s heirs, usually in order of precedence: spouse, children, and other nearest relatives. Whether there’s a will or not, the court will confirm the person who is to act as the estate’s personal representative. This representative will be an executor if named in the will or an administrator if appointed by the court.

The estate’s representative, which is often a family member or another person who knew the deceased well, is responsible for overseeing the settling of the estate. Settling an estate means paying off any debts, filing final tax returns, and ensuring all creditors (beneficiaries or heirs of the estate) are provided the assets they’re entitled to– whether according to a will, spousal/ familial prominence, or what is ultimately determined fair by the court.

Estate Assets Not Impacted By Probate in CA

An estate won’t always go through probate. For example, most living trusts allow creditors to avoid probate. Additionally, any estates equating to $166,250 or less or estates where all assets are community property shared with a surviving spouse are also exempt from probate. Any bank accounts under the decedent’s name, along with another named owner (joint tenancy), automatically go directly to the other named individual.

Under most other conditions, the estate’s assets won’t qualify for a simple transferring process and, instead, must undergo formal probate. The Probate court may be fully involved in a case’s proceedings or may be minimally required to mediate estate matters. After the decedent’s death, their will and other documents concerning an estate plan or the lack of such a document must be brought to Probate court.

What Does a Probate Lawyer Do to Help Me?

A probate lawyer can assist you whether you’re a creditor or an administrator of an estate. Being in charge of settling an estate can be stressful, especially if the estate is large, extends out-of-state, upsets a beneficiary, etc. An attorney can provide guidance to you through all of these issues.

A probate lawyer also ensures that as an estate’s heir, your voice is heard, and your rights are protected. Attorneys educated in probate law have a deep understanding of the various legal procedures, qualifications, and other probate complexities. It can be crucial to have competent legal counsel at your side to provide insight as well as help you manage extensive paperwork and deadlines.

FAQs

Q: Do Bank Accounts Go Through Probate in California?

A: In California, bank accounts do go through probate if they belonged solely to the deceased person. If a bank account was jointly owned between the decedent and another person, meaning the account was under both of their names, then the remaining funds automatically go directly to that person. Probate is not necessitated in this instance so the bank account would bypass it entirely.

Q: What Assets Are Exempt From Probate in California?

A: Certain assets and estates are exempt from probate. An example is if a person created a living trust as opposed to a will; beneficiaries of the trust would avoid probate and undergo a different process to receive their property. If a will leaves all assets to the spouse or an estate is entirely composed of community property, the case would also bypass probate since all assets are given to the spouse. Other assets that avoid probate are joint bank accounts.

Q: When Is the Probate Process Finished in California?

A: It may take in excess of several months to complete probate. Once the executor/ administrator believes they’ve fulfilled all tasks and collected documentation showing they carried out such duties, they must submit a report of their work to the Probate court.

The court judge will review the report to ensure the representative finished all their duties and accomplished them correctly and/or fairly. If the judge is satisfied, they relieve the representative of their service, and the probate process has concluded.

Q: Can Property Be Transferred Without Probate in California?

A: Yes, it’s possible for a simple transfer of property without probate. If an estate is below a certain value, is made up of only community property assets, or has a living trust in place of a will, then probate can be avoided. It is also possible for some individual assets to avoid probate, even if the estate overall is in probate. For example, funds in a shared bank account go directly to the person instead of being included in probate.

Q: How Much Money Can You Have and Avoid Probate in California?

A: In California, if a person’s estate is equal to $166,250 or less in total, the estate is exempt from having to go through the court and undergo the probate process. There are other criteria that may allow an estate to avoid probate, but if the sum total of the estate’s assets is below the value standard, all other qualifications are superseded by this mandate. This law applies regardless if someone has a will or no estate plan.

Probate Law Firm to Stand by You Through the Process

Contact an experienced probate professional at Sweeney Probate Law today. Our skilled attorneys and legal team aim to accommodate each person’s needs and goals according to their circumstances. In an initial meeting, we can go over your situation with you and give you an honest assessment.