Probate in California - San Diego Probate Lawyer
The purpose of probate is essentially to wrap up a decedent’s legal and financial affairs, and
ensure that any taxes or other debts they owed when they died are paid. The average Californian
probate lasts between six and twelve months; however if an estate is large enough that federal
estate taxes must be paid, probate may take up to two years.
According to Californian probate law any estate worth more than $100,000 must go through
probate after its owner dies. Note, however, that only assets which are solely owned by the
deceased are included when calculating the value of the estate—a much larger estate can still
bypass probate if most of its assets were jointly owned or passed directly to a surviving spouse,
for example.
If an estate must go through probate, it is almost always advisable to hire a probate attorney to
oversee the process. Probate is not only long, it can also be somewhat complicated, and while it is
possible for the executor of an estate to represent themselves at a probate hearing, it is generally
not recommended. An additional consideration is that probate hearings are held in the Superior
Court of the county in which the decedent lived. If they lived in San Diego (or Carlsbad, Chula
Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon
Grove, National City, Oceanside, Poway, Swan Diego, San Marcos, Santee, Solano Beach,
Vista, Julian, Fallbrook, or Alpine), for example, probate hearings will be held in the San Diego
County Superior Court.
The executor of an estate can delegate most of the responsibility involved in administration of
the estate and the probate process to a probate attorney—and there is plenty to do. The executor
or their attorney must file a petition to begin probate, and then attend probate hearings spread
over the course of several months. There are a number of documents to file, including details
about the estate and any debts owed, and the estate’s assets must also be inventoried and
appraised so that the true value of the estate can be determined. Once probate begins, any
creditors of the deceased have four months in which to make a claim on the estate which they
must do at the San Diego County Superior Court, and these claims can be contested or paid
depending on the circumstances.
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Another important aspect of probate is that there is a strict time-table that must be followed if
probate is to be completed without any delays. There are set tasks to be accomplished at each
hearing, and missing any deadline means a new hearing must be scheduled. Due to the nature of
probate, it is almost always best to hire a probate attorney to get the job done without causing
any undue stress to the friends and family of the deceased. Find a probate attorney who has
experience and who regularly files probates in the different counties of the State of California
including San Diego.
Probate Articles for California Cities
Probate Articles for California Counties
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