Probate in California - Santa Clarita, CA
Probate is a series of legal hearings and procedures which are collectively used to finalize a deceased person's legal affairs and financial situation. Probate can be a length process-in the state of California, the average estate is in probate for between six and twelve months. In some situations, such as when federal estate taxes are owed, probate can take up to two years or more.
In Santa Clarita, as in the rest of California, an estate must be probated if it is worth more than $100,000. This figure includes all assets owned by the deceased, excluding jointly-owned assets, assets owned by a living trust, or assets which will pass to the surviving spouse.
The executor named by the will of the deceased is usually responsible for maintaining the estate during probate. They have several duties to perform in this area as well as during probate itself, and it can be a complex situation, especially for a layperson. According to Californian probate law, probate takes place in the county in which the decedent lived. For these reasons, it is usually advisable to hire a local probate attorney to ensure the process runs smoothly. When the decedent lived in Santa Clarita, for example, hiring a probate lawyer understanding Los Angeles County's local rules will allow the lawyer to apply their knowledge of local law and take care of any important details as they arise.
In line with the California Probate Code, the fees charged by a Santa Clarita Probate Attorney are set at a statutory maximum which depends on the size of the estate going through probate. For example, a probate attorney cannot charge more than $4,000 when managing probate on a $100,000 estate. In certain situations, where probate is exceptionally lengthy or complex, the court may stipulate that an additional amount be paid on top of the statutory fee.
A probate attorney can take care of most of the executor's responsibilities as they relate to probate, including filing the petition that begins the process, filing probate and estate documents, attending probate hearings, arranging for inventory and appraisal of the deceased's estate, and arranging for the calculation and payment of taxes using money from the estate. In addition, if any problems arise such as contestation of the will, the probate attorney is able to deal with these.
Once probate is ready to close, the probate attorney will file a petition to complete probate. Once this petition is accepted by the Superior Court, probate is officially complete, and the executor of the estate can begin to distribute assets to its heirs.
