Moreno Valley Probate Lawyer

Moreno Valley Probate Attorney

If your loved one’s estate must go through the probate process, it may be beneficial to hire a lawyer. The probate process can be lengthy, complex, and emotionally charged if there are disagreements between the beneficiaries. Since probate is a legal process that must go through the court, you may need the help of a Moreno Valley probate lawyer.

What Is Probate in California?

Probate is the legal term for the distribution of a decedent’s assets to their proper beneficiaries. Probate requires a lot of paperwork with tight deadlines and requires the successful execution of several steps for the process to go smoothly. Probate lawyers are highly qualified to guide their clients through the process to ensure their loved one’s wishes are fulfilled.

The Probate Process

The executor, or administrator, handles the probate process for their loved one. Though they are usually named in the will, if there is no will or no executor mentioned, the court will appoint one. In Moreno Valley, the Superior Court of California County of Riverside handles the process. While each case varies, the steps generally are as follows:

• Determining the executor: The will should name the executor, and if it does, they may hire a Moreno Valley Probate Lawyer to prepare and file a Petition for Probate with their local probate court.
• Notifying loved ones and the public: The executor and lawyer notify both the family and the public about the deceased’s passing. Sometimes, their passing is published in a newspaper to inform creditors.
• The probate hearing: At the probate hearing, the judge officially appoints the executor, either the named executor or administrator of their choosing. Typically, the will is also validated at the hearing.
• Managing the assets: The executor takes inventory of the decedent’s assets and takes possession of them. Assets can include real and personal property, bank accounts, investments, and so on. In this step, the executor may also have the property appraised.
• Paying taxes and debts: Before distributing the assets to the proper beneficiaries, the executor must pay all debts and taxes owed. Sometimes, this means selling assets if the amount of debt is considerably high.
• Distributing the assets: After paying debts and taxes, the executor can distribute the remaining assets as the will directs. If there is no will or directive, the court determines the distribution of property. If you do not have a will, consider hiring a Moreno Valley Probate attorney at the Law Offices of Karen J. La Madrid to help you draft one.
• Close the estate: The estate is formally closed once assets are distributed. Having a lawyer on hand can help ensure this step is done properly.

The length of time the probate process takes is determined by the skill and experience of the Moreno Valley Probate Lawyer, as well as the complexity of the estate. Large estates with many debts and different beneficiaries may take longer than smaller estates. In any case, the executor has a year from the date of their appointment to begin the process.

Can I Avoid the Probate Process?

Sometimes, the probate process is avoidable, but more commonly, it is not. Unless your loved one has a trust, probate is an option for ensuring their wishes are fulfilled and the right beneficiaries receive the assets to which they are entitled.

In California, there is a specific threshold that determines if an estate goes through probate or not. If the decedent’s estate, meaning its assets and property, is valued over $184,500, the estate will most likely go through probate.

The Importance of Hiring a Moreno Valley Probate Lawyer

The probate process can be complicated and confusing for someone unfamiliar with the legal process. A Moreno Valley Probate attorney can help ensure probate is smooth and that the decedent’s hard-earned assets are distributed to the proper beneficiaries. Further, family disputes may arise during the process. For example, a family member may contest the will or a beneficiary. It is not ideal to allow a court to make important family decisions. Hiring a Probate Lawyer in Moreno Valley, CA can prevent this.

FAQs

Q: How Much Are Attorney Fees for Probate in California?

A: The amount you will pay in attorney fees for probate in California varies. Three of the most common determining factors for attorney fees are the lawyer’s experience, the case’s complexity, and the firm’s location. Lawyers with more experience may charge higher rates, while large estates or complex cases will be more costly. If a firm is in an area with a high cost of living, the attorney’s fees may also be higher.

Q: What Is the Difference Between a Probate Lawyer and an Estate Lawyer?

A: A probate lawyer specifically navigates their clients through the probate process, which is only one aspect of estate planning. An estate lawyer may litigate probate cases, but they may also cover other aspects of estate planning as well, such as drafting a will or a trust. The probate process occurs when a person dies, while estate planning happens when they are alive.

Q: Do I Need a Lawyer for Probation in California?

A: While you do not need a lawyer for probate in California, it is wise to hire one. Your lawyer can not only help you file important paperwork; they can ensure you meet your deadlines and avoid mistakes, help resolve taxes, and obtain appraisals. They can also help mediate family disputes if they arise or represent you in court.

Q: What Kind of Lawyer Do You Need When Someone Dies?

A: When someone you love dies, you need to hire a probate lawyer. A probate lawyer can help you navigate the probate process, help the executor fulfill their fiduciary duties, file paperwork, mitigate familial disputes, and ensure the estate is closed. Your lawyer can also answer any questions you have along the way when your loved one’s estate goes through probate.

Hire a Moreno Valley, CA Probate Lawyer Today

Your loved one’s legacy deserves to be honored, and proper probate administration can help ensure this. You do not have to navigate the complex probate process alone. The team at the Law Offices of Karen J. La Madrid is here to help. Contact us today for a consultation.