| While hiring a California probate lawyer isn't a legal | | | | California probate lawyers are particularly helpful in |
| necessity, it is a smart decision for residents of | | | | cases where heirs contest decedents' last wills. |
| the Golden State. California has some of the most | | | | When family disputes arise, lawyers can act as |
| complex and stringent probate laws in the country | | | | mediators and are generally more successful at |
| and few people can undergo the process without | | | | negotiating terms to keep inheritance assets from |
| legal assistance. | | | | being suspended in probate for extended periods |
| A California probate lawyer can be retained to | | | | of time. |
| assist with estate planning measures long before | | | | In the state of California, estates valued below |
| death occurs. They can also be retained after a | | | | $100,000 are exempt from probate. However, an |
| person has died to assist with estate settlement | | | | estate administrator must perform duties to |
| procedures such as filing decedent wills through | | | | settle the estate according to inheritance laws. |
| the court system, negotiating with creditors, and | | | | Duties include notifying creditors and heirs of the |
| establishing rightful heirs and distribution of | | | | decedent's death; paying outstanding debts; |
| inheritance property if decedents die without | | | | obtaining appraisals for inheritance property; and |
| executing a legal will. | | | | distributing assets to rightful heirs. |
| Probate lawyers are particularly beneficial when | | | | California estate planning attorneys can provide |
| handling intestate estates of California residents. | | | | options to individuals with small estates which can |
| When a person dies without a Will, a probate case | | | | simplify the process of transferring titled property |
| must be opened and an estate administrator | | | | and financial assets such as bank accounts, |
| appointed to handle certain duties. | | | | retirement accounts, and investment portfolios. |
| Probate attorneys specialize in estate planning | | | | They can also assist individuals with large estates |
| strategies which can expedite the probate | | | | establish strategies to avoid probate. |
| process or avoid the process altogether. At | | | | Last, but not least, California residents with minor |
| minimum, adults aged 18 and over should execute | | | | children should work with a probate lawyer to |
| a last will and testament, healthcare proxies, and | | | | establish guardianship. Many married couples fail to |
| establish power of attorney rights. | | | | make provisions for their children because they |
| The last will and testament is a powerful tool | | | | assume that if their spouse dies they will continue |
| which outlines the final wishes of decedents. | | | | caring for the children. However, there have been |
| Individuals can include information regarding the | | | | instances where both parents are killed in an |
| type of funeral service they desire and include | | | | accident which can force minor children to |
| details regarding their burial plot or cremation. The | | | | become a ward of the court until an appropriate |
| last will allows individuals to list owned property | | | | guardian is appointed. |
| and provide the names of beneficiaries who | | | | Many people procrastinate about executing a Will, |
| should receive the items. | | | | but dying without one in the state of California |
| California probate code is comprised of eleven | | | | can lead to multiple complications and keep |
| divisions which encompass numerous rules and | | | | inheritance property suspended in probate for |
| regulations. Hiring an estate planning attorney is | | | | months or years. |
| the only way to ensure estates are legally | | | | Estate planning is not a difficult process and in |
| processed. Additionally, estate planning probate | | | | most cases can be established in a matter of |
| attorneys can expedite the probate process by | | | | hours. The only way to ensure your final wishes |
| managing the estate on behalf of the decedent or | | | | are upheld and your children are protected is to |
| helping the estate executor with difficult | | | | engage in estate planning. Individuals can locate a |
| transactions such as transferring real estate or | | | | California probate lawyer through the American |
| distributing proceeds from financial portfolios. | | | | Bar Association website at ABANet.org. |