As discussed in our Estate Planning section it is very important to create a Trust to avoid probate. A Trust is the only tool that will avoid any type of Probate Process. Even if you have a Will, your estate will likely be subject to some form of Probate.
Most have heard the horror stories from a friend who had to deal with their parent’s estate via probate and how the process was overwhelming, and it seemed like every turn there was a new obstacle, or perhaps your friend said it was an easy process, with some help from an attorney. Now you find yourself in the same situation, your loved one has passed without a will or trust and now the dauting probate process needs to occur. Yes, probate is not advisable if it can be avoided, yet, it is important to ensure that creditors/debts are paid, the estate is liquidated, and the beneficiaries receive their interest in the estate. With the help of our Roseville probate attorney from the Sterling Law Group, A P.C. we take the burden off of you in the process, you will be involved and have your own set of duties, but our knowledge of the process will allow for many obstacles to be avoided.
What many people do not realize is that depending on the value and nature of the decedent’s estate, California has created different Probate avenues to properly pass the intestate estate. For example, for deaths occurring after April 1, 2022, if the value of the estate is less than $184,500 and contains no real estate, we can prepare an Affidavit here in the office and avoid going to court altogether. Additionally, if the estate contains real estate of a low value, we may be able to use a similar Affidavit process that is simply filed with the court. It is imperative that you have an experienced attorney determine if one of these simplified procedures is applicable to your situation. See our section on Small Estate Planning/Administration for more information on these other types of Probate.
Full formal probate throughout California has specific requirements that must be abided by. If you miss one of these steps, you may cause a significant delay or irreparable harm to the estate without even realizing it. That is where an experienced probate attorney is exceptionally valuable. Additionally, there are other situations that our law firm has dealt with that are not part of the “typical” estate such as evictions, ancillary probate, forestalling trustee sales, and so on.
Occasionally a person who lived in another state when they passed owned property here in California. This will likely require you to file and complete “ancillary” probate here as well. There are many oddities that may occur when probating one’s estate, therefore it is recommended to hire an attorney who can assist you, so no stone is left unturned, and a 12–18–month process does not turn into a multitude of years.
Lastly, many counties in California have different procedures in place that are important to know. Here at the Sterling Law Group, A.P.C. our staff is versed in all the surrounding counties local rules. We have also successfully completed full probates as far as Yuba County, Butte County, and Alameda County, to name a few.
Our Law Firm prides itself on being a small, close-knit firm that is here to answer your questions regarding the complex process of Probate. We are always just a phone call away
California has created a statutory fixed rate of compensation for attorneys and the person appointed to represent the estate (Executor/Administrator/Personal Representative). This rate is based on the gross value of the estate and is calculated by percentages, for example, see below:
The cost of administration – such as court fees, etc. – is paid out of the estate. In situations where odd events occur, such as a beneficiary objects to some action and litigation ensues, or there are issues requiring the eviction of a tenant, etc. the attorney and the Executor/Administrator/Personal Representative may also receive extraordinary fees.
As we previously mentioned, at The Sterling Law Group, A.P.C. our Roseville probate attorney is ready to represent you and answer any questions you may have as many clients in Roseville, CA, and nearby regarding the probate process. Contact us now for a free consultation.