To ensure the fair distribution of assets following someone’s death, states across the country maintain a system of probate courts. California probate law governs how assets and liabilities are transferred to heirs and beneficiaries. Probate courts also ensure that legitimate debts are paid and that wills and other estate planning documents are followed. An experienced California probate lawyer can explain what the rules are on probate in California.

Probate Law Basics

Some smaller estates can avoid having to go through probate court, especially if the deceased person’s assets qualify for a simple transfer process. If the deceased person’s estate is valued at more than $166,250, you must go to probate court under California law.

Most heirs and beneficiaries work with a probate attorney due to the complexities of these cases. The probate courts work under a body of laws and statutes commonly known as probate law. One of the first areas the probate case will examine is the will. A properly executed will lists an executor or administrator. The details of who inherits what assets will guide the probate process, although involved parties can argue that certain directives in the will were made under duress or that the deceased person was not in their rightful mind when they wrote the will.

Probate courts are also tasked with ensuring the deceased party’s lawful debts are paid. Creditors have a fixed period of time to claim payment. Paying taxes is another task handled by probate courts. In some cases, the estate administrator may have to file a federal estate tax return. If there is no will, the courts will follow the rules of intestate succession when distributing the estate’s assets.

Rules of Intestate Succession in California

Intestate succession is a probate process that guides the distribution of assets when either no will is on record in California or when certain assets have not been assigned to an heir in the will. If someone dies without a will, some or all of the assets will be distributed to the remaining relatives based on the California intestate succession laws. Heirs may include parents, spouses, children, or any other blood relative.

What Are the Intestate Succession Laws in California?

The California state probate code dictates who receives what. Intestate succession laws can apply in whole or in part to any case. Probate laws do not apply to portions of the estate that have named beneficiaries. Probate courts follow the intentions of the deceased party, which is why having a will drafted with the help of an attorney is critical.

Contrary to what some might think, spouses do not automatically inherit the entirety of the assets and property. The exception would be when there are no other living relatives. The rules of probate allow people not related by blood to be named as beneficiaries. If there are no surviving blood relatives and the spouse is no longer alive, the deceased spouse’s heirs will receive the estate’s property and assets.

Children, both full and half-siblings, receive assets and property equally. When there is no surviving spouse, the entirety of the estate may go to the children. If the beneficiary dies before or soon after the deceased (and there is no remaining kin), the assets transfer to the beneficiary’s next of kin.

If there are no apparent heirs, the estate can be added to the state’s holdings. This is one reason why estate planning is critical. Even when there are no beneficiaries or heirs, an estate can be donated to a charitable cause if noted in the will.

Probate laws allow beneficiaries and heirs to inherit assets regardless of their immigration status. Criminal acts on the part of an heir that lead to the deceased party’s demise can invalidate the perpetrator’s claim to an inheritance.

Working with a knowledgeable probate attorney can help you navigate California’s probate laws. A skilled probate attorney can craft a will to ensure your intentions are followed and guide heirs through the probate process following a relative’s death.

FAQs

Q: What Does the Spouse Get When There Are No Heirs?

A: When there are no heirs and no listed beneficiaries other than the spouse, the spouse will receive all community property and assets. Any outstanding lawful debts will have to be paid from the estate, including taxes owed by the deceased person. If there are heirs to the estate, the courts may provide a portion of the estate to the spouse. Having a detailed will can ensure that the courts do not divide property against the wishes of the deceased person.

Q: What Assets Must Go Through Probate in California?

A: Assets subject to probate court action in California include real estate, bank accounts, personal property, stocks, bonds, life insurance proceeds, jewelry, vehicles, and intellectual property. Estates valued below $166,250 may qualify for a simplified probate process. Estates valued more than that amount must go through probate court, where a judge will consider the directives of the will when dividing property and assets.

Q: Do All Wills Have to Go through Probate in California?

A: If your estate is worth $166,250 or more, your estate will go through probate court after your death. Having a will in place can make that process more straightforward if your will is drafted and executed with the help of an experienced lawyer. When there is no will present, probate courts will follow state law when dividing property and assets.

Q: How Much Money Do Probate Attorneys Charge in California?

A: Lawyers charge between $200 and $400 an hour for their services. If those attorneys work for a prominent law firm or have a track record of winning cases, they may charge well over that amount. Your California probate lawyer will represent you and fight for your interests in probate court. Having an attorney present can help you avoid missing out on assets and property that you may be entitled to inherit.

Q: How Long Do You Have to File Probate After Death in California?

A: California law requires the custodian to take the will to the probate clerk’s office within 30 days of the estate holder’s death. When an administrator or executor is assigned to represent an estate, the process usually begins quickly because the executor will work with the probate court and notify beneficiaries and heirs.

Schedule Your California Probate Consultation Today

One way you can ensure that your estate is settled according to your wishes is by working with an experienced estate planning lawyer. The language in your will must be drafted to be enforceable in probate court. Having your estate matters clearly planned out can help your relatives and heirs avoid costly litigation.

If you are an heir, a probate court lawyer can fight for your rights and interests. To schedule your Sweeney Probate Law consultation, contact our office today.