Glendale Probate Attorney

Having to handle the probate process after losing a loved one is never easy. Understandably, you may be overwhelmed as an executor. As a Glendale probate lawyer, Robert G. Petrovich, Attorney at Law, can provide compassionate and experienced legal guidance through every step of the probate process.

What Is Probate?

Probate is the legal process of managing a recently deceased person’s estate. Typically, this person will have created a will outlining how their possessions and assets should be distributed, along with designating an executor who will carry out those wishes.

Assets That Are Subject to Probate

In California, the probate process will apply to assets such as:

• Real property, including primary residences and vacation homes
• Vehicles and boats
• Personal property, like jewelry, artwork, collections, furniture, and other household items
• Financial holdings, like checking and savings accounts, stocks, and businesses

Assets That Are Not Subject to Probate

Assets that are not subject to probate in California include:

• Any asset held in joint ownership with rights to survivorship
• Property placed in a living trust
• Life insurance proceeds and IRA funds that have a designated beneficiary
• Joint bank, savings, loan, and trustee accounts
• Assets designated as payable-on-death or transfer-on-death
• Community property shared with a surviving spouse

Types of Probate: Intestate and Testate

There are two types of probate in California: intestate and testate. The term “intestate” means the person passed away without a valid will, and “testate” means they had a valid will. The probate process usually becomes more complex and lengthier when a person passes away intestate.

California state law outlines how an estate is distributed if a person passes away intestate. This begins with the court appointing an executor, who will have to identify the heirs and handle paying the estate’s debts and taxes. The court will then oversee how those assets are distributed.

Typically, any surviving spouse or domestic partner will inherit most of the estate, and everything else will go to children, surviving parents, or siblings, per the California Probate Code.

When a person has passed away testate, their will should include an executor. This person will submit everything to the local probate court. Similar to the intestate process, the executor will be responsible for administering the deceased person’s estate, exactly how they outlined in their will. This means paying debts and taxes, collecting assets owed to the estate, and submitting progress reports to the court.

The Probate Process in California

In general, the probate process will involve these overall steps:

1. File a petition with the probate court. This includes the death certificate and a copy of the will if there is one.
2. Provide a notice of the probate hearing to heirs and creditors.
3. The court will appoint or certify the executor.
4. The executor will identify and appraise the decedent’s assets.
5. The executor will pay any outstanding debts and taxes still owed.
6. The remaining assets will be distributed to the beneficiaries, as per the will, or by the Probate Code if there is no will.
7. The executor will then submit a final accounting to the court.
8. The estate will be closed.

Is It Easier to Probate an Estate With a Valid Will?

Having a valid will before you pass away can allow you to control your legacy, leaving you with reassurance that your wishes will be carried out properly and that your loved ones are protected. Planning your estate usually helps reduce familial conflict, ensures a smoother and faster process, and gives you control over who will care for any minor children.

Estate Planning to Avoid Probate

Understandably, you would want your family to avoid probate after you pass away. Robert G. Petrovich, Attorney at Law, can help you plan your estate, which can also prevent your family from going through probate while grieving your loss.

Estate planning can include drafting a will. This can specify how your assets will be distributed, who will manage your estate, and who will care for your minor children. In case you become unable to make decisions for yourself, a financial power of attorney allows someone you trust to handle your finances, while a medical power of attorney designates someone to make healthcare choices on your behalf. There is also the option of living trusts to help avoid the probate process.

The Role of an Executor

If you have been appointed as an executor in your loved one’s will, or the court-appointed you as the administrator if someone passed away intestate, you have a fiduciary duty to the estate. This means you are obligated to adhere to estate law, respect the decedent’s wishes, and prioritize the interests of the estate and all beneficiaries.

As an executor, you will most likely have to handle:

• Locating and validating the decedent’s will (if one exists) and submitting it to the probate court
• Informing all beneficiaries of their inheritance
• Collecting, appraising, and documenting all estate assets in a formal inventory
• Filing that inventory with the court
• Protecting estate assets from loss and damage
• Establishing a bank account for the estate
• Covering necessary asset maintenance costs
• Identifying and settling creditor claims
• Preparing and filing the decedent’s final income tax return and settling other taxes
• Maintaining meticulous records of every financial transaction made on the estate’s behalf
• Addressing any other financial responsibilities related to the estate
• Providing a comprehensive report of the estate to the probate court
• Distributing assets to the beneficiaries

A skilled asset attorney can assist you with this process.

How a Probate Attorney Can Help You as an Executor

Probate court can cause strong emotions to arise, and many families have disputes regarding the wishes of their loved ones who have passed. Robert G. Petrovich, Attorney at Law, can provide you with support in your role as an executor. A probate attorney can guide you through the legal process of administering the estate. This can greatly reduce your burden while making sure everything is done correctly and in a timely manner.

Reach Out to an Experienced Probate Attorney

Robert G. Petrovich, Attorney at Law, can support you in estate planning and probate. Working with a Glendale probate lawyer who can provide comprehensive estate planning and probate services in Glendale can ensure a smooth process for you and your loved ones. Contact us online to schedule a private consultation.