Probate in California - Ontario Probate Lawyer
In California, any estate valued at more than $100,000 must undergo the legal process known as probate before any assets held in the estate can be released to their heirs. This figure of $100,000 is calculated by including any assets owned by the deceased. However, any jointly owned assets, assets owned by a living trust, or assets that pass to a surviving spouse are not included in this calculation. Therefore, it is possible for a fairly sizable estate to bypass probate if it is structured correctly.
From beginning to end, Californian probate typically takes between six and twelve months to be completed. The exact amount of time depends on the size of the estate, as those estates which are large enough that federal estate taxes are owned can take up to two years to go through probate.
Probate is not only a lengthy process; it is often a complex one, too. When a decedent's will names an executor, this person is responsible for managing the estate while it is in probate, and for many other tasks associated with the process. Fortunately, it is possible to hire a probate lawyer to take care of most of the details.
According to Californian probate law, the location of probate hearings is decided according to the county the deceased lived in. If the decedent lived in Ontario, for example, probate hearings are held at the San Bernardino Superior Court.
California probate fees are calculated according to the state's Probate Code. These fees stipulate the maximum amount that a probate lawyer can charge for their services, and the fee structure is based on the size of the estate rather than the number of hours worked.
Hiring a probate lawyer eases much of the burden of probate-they can carry out most of the tasks associated with this process, including the following:
1. Filing the petition to begin probate;
2. Filing all documents relating to probate;
3. Arranging for the inventory and appraisal of all assets owned by the deceased's estate;
4. Arranging for financial concerns such as calculation of any taxes owed by the deceased's estate;
5. Locating heirs of the estate;
6. Attending all probate hearings; and
7. Any legal problems that may arise, including contestation of the will.
A probate lawyer is recommended for an additional reason-each of these items must be performed according to a strict schedule, and if the schedule is not met, the completion of probate can be delayed beyond the average time-frame of six to twelve months.
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