If you have recently lost a loved one and are struggling through the process of carrying out their will, speak with a qualified and experienced probate lawyer today. The California Law Firm of Robert G. Petrovich, Attorney at Law, can help you with transferring all property and assets to the appropriate beneficiaries. In California, hiring a Sierra Madre probate lawyer is a crucial step in honoring your loved one’s final wishes.
At Robert G. Petrovich, Attorney of Law, our legal team is well-versed and experienced in helping families through the probate process. Our duty over the last 35 years has been to help ensure families can go through this process in a timely manner, with as little stress as possible. Hiring an attorney can help ease this transition, as well as make sure all California state laws are being followed.
A probate lawyer assists the family’s personal representative or executor of an estate during the probate court. Probate encompasses the legal procedures for settling a decedent’s estate. This includes validating the will, paying debts and taxes on the estate, resolving disputes between beneficiaries, and ensuring legal compliance.
A lawyer can help with as much or as little as possible, depending on the family’s particular needs. This can include, but is not limited to:
The cost of a probate lawyer in California can vary depending on several factors. The most influential factor, however, is the statutory fee structure outlined by state law. These fees are assessed based on the gross value of the estate, not including any debts or liabilities. While some lawyers may charge additional fees based on an hourly or flat rate, statutory fees are mandated by the California Probate Code and apply universally to attorneys handling probate cases.
It’s important to inquire about the lawyer’s fee structure and total costs during the initial consultation to avoid any surprises during your case.
How long the probate process can take depends on the specifics of the case, such as the size of the estate, the number of beneficiaries, if there are any disputes, and whether or not all property has been appraised and accounted for. Some estates have a simple probate process that can go through the probate court in a short amount of time, while others require much more paperwork and lengthy court hearings.
After hiring a probate lawyer, the probate process can be initiated. This includes filing a petition with the probate court to open the case in the county or city where the deceased person lived. The court will appoint an executor of the estate, depending on what is listed in the will. If a name has been listed in the will, the court will appoint that person. If there is no will or a person has not been named, the court will appoint an administrator.
Potential claimants of the estate will be notified of the case to give them the opportunity to file claims. The probate lawyer, or personal representative, will identify and value all assets. These can include personal belongings, real estate, bank accounts, investments, and digital assets. Any debts will be paid off from the estate funds.
All necessary taxes will be filed. While California does not have an estate tax, there is a federal tax that may be applied depending on the size of the estate. After all debts and taxes are paid, the remaining assets will be distributed to the beneficiaries listed in the will, assuming no challenges or issues arise through the process and the will has not been contested.
Several challenges may arise during the probate process. Our legal team is trained to deal with any and all problems relating to family disputes, missing beneficiaries, complex estates, executor issues, debt management, ambiguous language in the will, legal challenges, and any other issues that may come up during the process. To help avoid such problems, it is important for all persons to have a will and estate plan before death.
If you have a loved one who died without an estate plan or a legal will, a probate lawyer can help you understand your legal rights in accordance with inheritance laws in California. When a loved one dies without a will, it is referred to as intestate, and the estate will enter into the intestate process.
The estate will be divided up according to California’s intestate succession laws. Intestate succession laws follow general outlines for beneficiaries, depending on what surviving relatives the decedent has. For instance, if the deceased was married and had no children, the entire estate would be inherited by the surviving spouse. A probate lawyer can help family members through this process, as court involvement is normally required for these unique situations.
At the law firm of Robert G. Petrovich, Attorney at Law, we provide legal counsel for all your probate needs, no matter how big or small the estate may be. Having an asset attorney is extremely vital in making sure that the will of a deceased loved one is followed correctly and all the transferring funds and properties are given to the right beneficiaries, while in accordance with Sierra Madre, California laws.
For information on how our attorney team can help you with your loved one’s estate or to review the details of your case, please contact our law office today. One of our experienced probate attorneys can help. With our legal team on your side, you can trust that you are getting the quality legal support you need to successfully resolve your case.
Based in San Marino (near Pasadena), Mr. Petrovich handles estate planning, probate, business law, real estate, and other legal matters throughout the San Gabriel Valley.