If you are a California resident who has recently had a family member pass away, you may want to familiarize yourself with the probate court and the probate process. A good question to ask is, “How much money triggers probate in California?” This is an important information to know. If the decedent’s estate is under a certain value, it may not need to pass through the process, alleviating you of the stresses of probate. However, probate may be necessary for some people, depending on the case.

An Ontario, California probate attorney can be a great resource to use if you have any questions surrounding probate. They can advise you when it’s a good time to file and who you should communicate with, and they can ensure you meet the appropriate deadlines.

Determining Probate

Anytime someone dies, it can be an emotionally and mentally challenging process for all surviving family members. However, time must be spent finalizing the legal arrangements of the decedent’s estate. One of the first questions to ask is whether there will be a probate proceeding.

The answer is no if all the assets are held in a joint tenancy agreement or a living trust. The answer is yes if the deceased has over $166,250 of assets in their own name, and these assets were not left to a surviving spouse or designated beneficiary. To put it plainly, probate is triggered by over $166,250 in assets solely in the deceased’s name.

Finding an Executor or Administrator

The next important question to ask is if there was a will in place and if it named someone as the executor. The executor can be any US citizen or resident, not necessarily from the same state. This could be friends, family members, or a bank or trust company. Any of these parties can be asked to serve as executor of the estate. Sometimes, the will doesn’t name an executor or a bank is named the executor but declines to serve because the estate isn’t large enough.

If all parties refuse to serve or there is no will in place, the nearest relative will have the right to serve or nominate someone to serve. When there’s no will in place, the individual apportioned is called the administrator.

Final Process

Once an executor or administrator has been named, they will identify all assets owned within the estate. They will be responsible for compiling an inventory of the assets and proving valuations for them. Then, any outstanding debts and liabilities should be paid. This includes credit cards, utility bills, car loans, and any other debts. It may be necessary to sell some of the estate assets to meet debt obligations. There are also taxes and fees to consider. Assets can be sold under two main provisions:

• Approval from the court. A court order may be necessary before the administrator can sell any assets.
• Independent Administration of Estates Act. Under this act, the administrator is permitted to sell assets as long as they give written notice to all beneficiaries affected by the sale 15 days before the sale date.

After the assets have been accounted for and debts have been paid off, the estate can be distributed.

FAQs

Q: What Assets Are Subject to Probate in California?

A: Assets subject to probate can include any assets owned by the deceased. This could be real property or personal property. Assets such as homes, cars, boats, jewelry, art, collectibles, household goods, and any other items that belong to the deceased could be subject. Intangible assets such as business interests, copyrights, or patents could also be subject to probate. Assets that are jointly owned are usually exempt from probate courts.

An attorney experienced in probate law can review your situation and help determine what assets qualify for probate.

Q: How Much Does Probate Cost in California?

A: The costs of probate can vary depending on the circumstances of the estate. You should consider the attorney fees, court costs, filing fees, executor or administrator fees, and other out-of-pocket expenses. California has a statutory fee schedule that fixes the fee percentage attorneys may charge based on the gross value of the estate. Speaking with an attorney can help you determine the costs associated with probate.

Q: What Is Probate in California?

A: Probate in California is a legal process that functions to settle a deceased individual’s estate and debts. Probate courts will work to distribute these assets appropriately to family members. The process includes determining if there was a will in place, identifying and valuing assets, and managing and distributing them. Depending on the dynamic of your family situation, probate may be the right process for you, and you should consult with an attorney.

Q: Can Property Be Transferred to Beneficiaries Without Probate in California?

A: Property can be transferred to beneficiaries without probate in California. There are a few different circumstances that can make this possible. One is a joint tenancy agreement. This is when property is owned by multiple parties, and the surviving owners automatically inherit the ownership portion of the decedent.

Also, any property that has a transfer on death (TOD) agreement can bypass the probate process because it will be transferred to the named beneficiary upon death. Estates valued under $166,250 can also skip probate.

Q: Is Probate Right for Me?

A: Probate may be the right process for you. It can be a necessary process to go through following a person’s death. If assets cannot be simply transferred or if there isn’t another way to pass assets down, probate may be the only option. It’s important to remember that the process will not start automatically. It must be initiated by either you, another family member, or an executor/administrator. A probate lawyer can be a good resource to consult with if you are considering probate.

Legal Support You Need

It can be challenging to understand probate, but even an accidental misunderstanding can have disastrous consequences. This is why you should rely on the legal team at Sweeney Probate Law. Our experienced attorneys have helped countless individuals across the state of California with their probate cases. We strive to provide the adequate legal advice and representation needed to get you through this complex process. Contact us today to see how we can help.