When to Hire a California Probate Attorney
A California probate attorney can help individuals engage in estate planning strategies to protect inheritance property
. California is known for having the most complex probate laws in North America. Residents of the Golden State often find probate laws are difficult and confusing; making it challenging to settle probated estates without legal counsel.
Retaining the services of a
California probate attorney can ease estate management burdens. Estate planning lawyers can help individuals execute their last will and testament, draft healthcare proxies, and designate power of attorney rights. Probate lawyers can also assist with estate management duties or manage the estate on behalf of the decedent.
California probate laws dictate that decedents' Wills must be validated through the court. Upon validation, the appointed estate administrator must obtain court confirmation in order to act as the estate's fiduciary.
If the decedent died without executing a last Will, the probate process will be prolonged until the death certificate is validated and a probate executor is appointed and confirmed. California probate laws prohibit anyone from conducting estate management duties without obtaining court confirmation. Should a person engage in estate settlement without authorization they can be held liable for any action taken.
Probate personal representatives can be the surviving spouse, direct relatives such as parents or adult children, a family friend, or a neutral third-party such as a probate lawyer or professional estate planner.
It can be helpful to retain a probate attorney to manage decedent estates when family disputes arise. Lawyers are usually more successful at preventing heirs from contesting the Will. However, if an heir does contest the Will, it is imperative to hire a lawyer to enter into negotiations and protect inheritance property.
Having a California probate attorney manage estates when heirs are intentionally disinherited can prevent family feuds. When a person disinherits a family member they should include a disinheritance clause within their Will. Otherwise, the disinherited family member can contest the Will stating the decedent was under the influence of another person or was not of sound mind when the Will was executed.
If family dynamics are strong and there is little chance heirs will fight over
inheritance property, the probate personal representative can handle most of the required estate settlement duties. Required duties will vary depending on estate planning strategies implemented prior to death, as well as the type of inheritance property and estate value.
When estates are valued below $50,000 or consist of few valuable assets, the estate may not have to undergo formal probate procedures. Estate administrators should consult with a probate attorney to ensure the estate is managed according to California probate law.
Inheritance property cannot be distributed until all phases of probate are complete. This includes paying outstanding debts; taking inventory and obtaining appraisals of inheritance property; obtaining date-of-death values for investment, retirement, and bank accounts; and filing a final tax return on behalf of the decedent.
California probate attorneys can be beneficial when distributing inheritance property. Inheritance is distributed according to directives outlined in the decedent's Will. If no Will exists, inheritance is distributed according to probate laws.
Once heirs receive inheritance money and property they must sign a form acknowledging receipt of items. The estate administrator presents the forms to the court for validation. Once a judge validates estate management procedures, the estate is officially closed and the probate executor is released from administration duties.
When to Hire a California Probate Attorney
By: Simon Volkov
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