If you recently lost a loved one, we are so sorry for what you’re going through. Loss is never easy, but it can be especially difficult when you are left to sort through your loved one’s complicated legal affairs and settle their estate. If you’re anticipating that your relative’s estate will have to go through probate, it’s in your best interests to do so with legal support. 

Our experienced Placerville probate lawyer has nearly 30 years of experience and has helped thousands of clients through the complicated probate process with success. Right now, you should be focused on healing and comforting your family, so let us take this burden from your shoulders. Call Equal Justice Law Group today to book a consultation and learn more about your options. 

Why Does Probate Happen?

Though probate often gets a bad rap, it’s important for you to know that it’s not some sort of punishment or legal consequence. Probate occurs to ensure that a person’s last wishes are honored and that their assets and property are distributed to their heirs as they intended. 

Without probate, it may be possible that an estranged relative – or even a stranger – could stake a claim on another person’s estate, which wouldn’t be right or fair. Though probate can be challenging at times, working with our Placerville probate lawyer can ensure that your family is able to reach a resolution swiftly. 

What Does Probate Look Like In California?

The first step of probate is determining what assets – if any – are even required to go through probate. Some won’t, like life insurance policies and retirement accounts, because they typically already have named beneficiaries. Assets that were owned jointly with another individual also do not have to go through probate, and neither do smaller estates with a value of $184,000 or less. 

However, usually real estate will have to pass through probate, as well as bank accounts that were not owned jointly, and other valuable possessions like vehicles. Our skilled Placerville probate attorney will review your loved one’s estate thoroughly to give you a definitive answer on what assets need to go through probate. 

The executor who is in charge of managing the estate and completing probate should be named in the decedent’s will, if there was one. If there wasn’t, the court would appoint an administrator to take on the same role. This individual is responsible for:

• Filing a probate petition and the deceased person’s will within the county where they formerly resided
• Paying filing fees and other legal costs
• Notifying the heirs and beneficiaries of the deceased’s estate
• Handling disputes and other conflicts that arise over the will’s validity (if any)
• Taking inventory of assets and appraising them 
• Notifying the public and creditors of the deceased
• Paying creditor claims, filing final tax returns, and paying any outstanding taxes
• Gathering financial documents and other paperwork for the court to review (final accounting)
• Closing the estate and distributing the remaining assets to the heirs and beneficiaries

As you can see, this is a significant obligation, especially for someone in mourning who also has their own daily responsibilities, not to mention there is always a chance that complications like will contests and lawsuits arise. Our Placerville probate lawyer has decades of experience handling these tasks on behalf of clients, so you can trust them to lead you to the fastest, most effective conclusion. 

Why Work With Our Placerville Probate Lawyer?

We pride ourselves on being a law firm that cares. We treat you as we would want to be treated ourselves, which means compassionate and friendly service is our priority. We know how emotionally taxing this time already is, and we don’t intend to add stress to your plate by communicating with you using confusing legal jargon. To take the next step, call Equal Justice Law Group today to schedule your consultation and learn more about what you can expect during the probate process. 

Frequently Asked Questions About Probate In Placerville, CA

Am I responsible for paying back my loved one’s debts?

No, their debts are repaid out of their estate. 

My loved one did not have a will. What does that mean?

If they did not have a will, then unfortunately, neither they nor any of your other relatives will have much of a say over what happens to their estate. This is known as “intestacy,” and California has its own laws that govern intestate succession – or who inherits property in the absence of a will. To read more about those laws, click here.

How can I ensure my own estate won’t have to go through probate?

By working with an experienced Placerville estate planning lawyer to build a comprehensive estate plan that includes a will, a trust, beneficiary designations, and more.