Jurupa Valley Probate Lawyer

Probate Attorney in Jurupa Valley, CA

When a loved one passes, we want the space to grieve properly. Yet, managing an estate can be overwhelming. It’s far more complicated than divvying out assets—you must work through accounts, transfer property legally, and resolve any outstanding debts, all while mourning. Karen J. La Madrid, a Jurupa Valley probate lawyer with over 30 years of experience, can guide you through this complicated process.

What Is Probate?

This process, known as “going through probate,” involves a specific order of legal timelines, deadlines, and forms. These specifics are determined by the county court, such as the Riverside County Court.

Gallup News found that about 46% of Americans have a will describing how they want their estate handled upon their death. That leaves 54% of the country who will likely leave their families with the task of going through probate to settle their estate.

Probate is the process of authenticating a will by:

• Distributing inheritances
• Filing taxes for the decedent
• Paying outstanding debts
• Overseeing court filings

A probate case may or may not need to be filed through the courts, depending on the estate.

Going through probate is extremely complicated and can be tedious. If the decedent had a will, the executor—the person representing the estate—may be listed. They will be responsible for the estate throughout the process.

What Is the Probate Process?

If a decedent leaves a will, they typically note guidelines for their assets and how they want their estate managed. Without that, you will likely need to go through probate court. In Jurupa Valley, you will file through the Riverside County courts.

Some assets need to go through probate court. With or without a will, creating an inventory of your loved one’s assets is a great first step. This includes things like:

• Inheritances intended for a beneficiary who passed before the decedent.
• Non-titled property, or any asset without paperwork, including things like clothing, appliances, and general household items of value.
• “Tenants in Common” properties without explicit instructions on how they are to be managed. For these, the courts would step in to determine ownership.
• Property with only one name listed on the title, though this can be bypassed in some cases.

The biggest factor determining the length, cost, and complexity of your probate case is the existence of a will. Without a will, the courts elect a personal representative for the estate. Once a personal representative is designated, the rest of the probate process follows relatively the same structure:

1. File a petition for probate (DE-111), in which you inform the county courts of the death by providing a death certificate.
2. The court will authenticate the will (if present) and confirm that all signatures and dates are correct.
3. The judge must formally designate an executor. In a will, the executor is listed. Without one, the courts decide on a personal representative for the estate.
4. The executor posts a bond, funded through the estate, to protect beneficiaries during the probate process.
5. The executor is responsible for settling any outstanding debts using the estate’s money.
6. The executor determines the value of the estate by listing any properties, assets, etc.
7. Any expenses for the funeral, filing fees, taxes, medical expenses, and debts are paid by the estate. A probate lawyer is invaluable in protecting you and the other beneficiaries. Creditors can attempt to collect outstanding debts from beneficiaries.
8. Anything left of the estate after all debts and taxes are paid is bequeathed to designated beneficiaries as listed in the will or determined by the courts.

How a Probate Lawyer Can Help You

As you begin sifting through your loved one’s life, it’s easy to feel overwhelmed. A probate lawyer can be a valuable resource during this time. While you can file probate yourself, you will also be responsible for abiding by many highly specific legal requirements. This is when many people hire a probate lawyer. They can simplify and streamline the probate process.

The Law Offices of Karen J. La Madrid can help you through this emotional time. Karen J. La Madrid, a 30+ year veteran of probate law, simplifies the process and takes on this legal burden, allowing you time to grieve.

FAQs

How Long Does Probate Take?

Probate cases are all unique, so the timeline depends on the complexity of the case and, in particular, whether or not there is a will. For a small estate, expect about 6 to 9 months. More complicated estates with many different kinds of assets, or for an estate that lacks a will, probate can last for years. The average duration for probate in the state is between 9 and 18 months.

How Much Does a Probate Lawyer Cost in Jurupa Valley, CA?

The cost for a probate lawyer in Jurupa Valley, CA, will vary depending on the details of each case. Attorney fees for a probate lawyer in Jurupa Valley are set by the state, based on percentages of an estate’s gross value, using a tier system to determine what you pay your probate attorney. Once all debts and assets have been addressed, these are covered by the estate.

What Type of Lawyer Do I Need for Probate?

Probate cases are handled by probate attorneys with experience in estate planning, wills and trusts, and all applicable probate laws in your county. For those in Jurupa Valley, the skilled and knowledgeable attorneys at Law Offices of Karen J. La Madrid bring decades of experience in Riverside County probate court.

How Long Do You Have to File Probate After Death?

After the passing of a loved one, it is highly recommended that you file for probate as soon as you can. California has no strict deadline for filing probate, but delaying can cause both legal and practical problems. To file, the executor of the will or estate representative needs to inform the county courts of the death by providing a copy of the death certificate.

Hire a Probate Lawyer

Schedule a free consultation at the Jurupa Valley Law Offices of Karen J. La Madrid today to see how we can help with your probate case.