Probate in California - Santa Clara Probate Lawyer
In California, there are a number of ways to distribute at least some parts of your estate
immediately upon your death and avoid the costs and uncertainties of probate. If you live in or
around Santa Clara including, San Jose, Palo Alto, Mountain View, Los Altos Hills, Sunnyvale,
Milpitas, Cupertino, Campbell, Saratoga, Monte Sereno, Los Gatos, Morgan Hill or Gilroy, a
Santa Clara County probate attorney is your best source of advice for information about any
probate or estate planning concerns you may have. While everyone's circumstances are different
and some are more complex than others, there are some general rules that apply.
1. In California, whether you leave a will or not, your estate will be subject to probate unless
it is under $100,000. Even if you leave a will, the probate court will still have to validate
the will and appoint an executor or administrator to see to the proper distribution and
disposition of all your assets and affairs.
2. California law is very specific about which assets are subject to probate. In many cases,
you can shift your assets into a form that is not subject to probate and leave an estate
worth far more than $100,000 without having to go through probate. The trick is in
knowing which assets are subject or not subject to probate.
3. There is a simplified form of probate that may be applied to spousal property. A Spousal
Property Petition is far less expensive and faster than a full probate, but there are
requirements that must be met. The decedent must leave behind a spouse or domestic
partner, and there must be community property or separate property that would pass to
the surviving spouse or partner. If there are children and if there is no will, there must be a
full probate. Consult your probate attorney for more information about spousal properties
petitions.
4. A probate attorney who is an experienced estate planner can help you set up a living trust
for assets that you want to exclude from probate. Properties and assets held in a living
trust are not subject to probate. Again, there are advantages and disadvantages to living
trusts. A probate attorney experienced with the local rules of Santa Clara County can help
you determine if a living trust is a reasonable solution for your needs.
5. Assets held in joint tenancy are generally not subject to probate. Any property or other
assets that are owned by two or more people as joint tenants will generally be owned
100% by the surviving members of the joint tenancy should one of the members die. This
nearly always will hold true regardless of any provisions in a will or trust of the deceased
tenant. If it's your intent that your house should pass to your spouse or partner on your
death, holding it as a joint tenancy should ensure that your wishes are carried out. If
instead, you intend that the house should be inherited by your children equally upon your
death, you should consider another form of ownership.
The California probate code can be complex. The guidance of a Santa Clara Probate Attorney
can help you ensure that your estate is distributed as you want it to be, often without
subjecting your family to the inconvenience and expense of probate.
