Probate in California - Contra Costa County Probate Lawyer
Probate – the process that legally transfers all the property and assets of a deceased person to those entitled to them – can be a confusing process. If you have questions about the probate process, the terms used and how to best ensure that your estate is handled the way that you want it to be handled, a Contra Costa County probate attorney (including one that serves the following areas: El Cerrito, Hercules, Richmond, San Pablo, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut Creek, Antioch, Brentwood, Oakley Pittsburg, Alamo, Crockett, and Rodeo) can give you the answers that you need. Here are some of the most commonly asked questions about probate court, probate and probate attorneys.
1. What is probate?
Probate is the legal process that ensures the orderly disbursement of the assets and properties belonging to the estate of a deceased person. In simple terms, probate is how the courts determine who is entitled to the belongings of a person who has died.
2. Is probate necessary?
In California, probate may NOT be necessary, depending on the circumstances of the estate at the time of death. A Contra Costa County probate attorney can give you specifics with regards to your personal situation, but in general, California law states that probate is necessary if the assets subject to probate exceed $100,000.
3. What are “assets subject to probate”?
In California, “assets subject to probate” include assets that are held in the name of the deceased person alone, half the assets registered as community property by the deceased person and spouse, the portion of assets owned in common with others and assets which are owned but not registered (furniture, jewelry, collectibles, etc).
4. What does the probate court do?
The probate court will determine if there is a valid will in place at the time of death, and appoint a person to handle the distribution of assets and payment of debts from the estate. That person may be called the executor or administrator.
5. Why does probate take so long?
One of the main complaints that people have about the process of probate is the length of time it takes before assets are distributed to the beneficiaries named by the will, or determined by the succession of testate. Some of the reasons that it takes so long to go through probate are:
- the necessity to file a court hearing for probate which generally will take place about 30 days after filing
- the need for publication of the hearing
- notification of all those named in the will and all of the deceased heirs at law (those who would inherit if there were no will). The notifications must be served at least 15 days before the hearing
- witnesses to the will may need to be located
- there is an obligatory time period during which creditors may file a claim against the estate
- after all debts have been settled, taxes must be paid.
In addition, in some cases, assets must be sold before their value can be distributed. If there is no federal or state tax due, an estate settlement may be concluded within six to nine months. More complex cases may take up to fifteen months.
If you need more specific answers to your questions about probate, contact a Contra Costa County Probate Lawyer for more information about probate, wills and estate planning.
