Murrieta Probate Lawyer

Murrieta Probate Attorney

When a loved one passes, they can leave behind substantial property that must be transferred to heirs. State law dictates how taxes must be paid, how the property will be distributed, and how any trusts will be administered. All of this can feel daunting and overwhelming, especially following the death of a family member. Luckily, a Murrieta probate lawyer can take on some of the responsibility, allowing you time to grieve and heal.

Attorney Hillary Goebel is a dedicated probate lawyer with years of experience providing legal knowledge and guidance to clients undergoing the probate process. She understands how this process can impact the families of a deceased loved one and has the compassion and care needed to be there for her clients every step of the way. She runs her law firm by prioritizing the protection of her client’s needs and interests throughout the probate process.

What Is Probate in California?

In the state of California, probate court is a legal process that settles a deceased person’s estate by way of state requirements. This estate may include any personal loans, final taxes, and other debts that were left when the owner of the estate passed. The probate process determines how these assets and debts will be transferred to beneficiaries. Along with probate court fees, these debts are subtracted from the estate, significantly changing the amount awarded.

The courts will also review the will of the deceased individual during this process and decide on its validity. If the courts determine that the will is valid and legally binding, they will release the estate in question to the executor named in the will for the property to be distributed amongst heirs in accordance with the document.

However, if there is no executor named, or if the executor who is named is unable to perform their duty, the courts will assign one. Typically, a member of the deceased’s next of kin will be assigned by the courts as the will’s executor. This could include a surviving spouse, adult children, or other relative.

In cases where there is no will, or the will is found to be invalid, the courts will appoint someone to act as a personal representative. This individual must choose to undergo the probate process. However, when no one is able to stand in the role of personal representative, the estate becomes the property of the state of California.

There are specific procedures that must be followed in regard to the administration of an estate. These probate proceedings can be complex and time consuming, and you may find property jeopardized if the probate process is not properly handled. It can prove essential to hire an experienced law firm who can help you navigate probate and alleviate some of the stress and worry while pursuing a positive outcome for you and your family.

What Are the Steps of Probate in California?

The probate process is filled with multiple steps and can, therefore, seem daunting and overwhelming at first glance. Simple mistakes can jeopardize the property of the estate. This is why it is essential to work with a Murrieta Probate Lawyer who understands these steps and can help you navigate each one correctly. In the state of California, the necessary steps of probate include:

• Filing the petition: At the time of the deceased individual’s passing, a petition must be filed within the county of residence. Upon filing, the courts will be officially notified that a hearing must be scheduled. If there is a will, this document needs to be attached to the petition. You may need to provide a death certificate, and there will be fees to file this petition.
• Notice of hearing: Once the petition has been filed and once you have received a date for the hearing from the court, a notice of the hearing must be published in the local newspaper. In cases with a will, everyone named in the will must be mailed a copy of the hearing notice along with potential creditors and all legal heirs of the deceased.
• First probate hearing: At this hearing, the executor of the estate will be named either by the will itself or by the state if there is no will or there has been no executor chosen by the deceased.
• Preparing to post bond: Typically, the courts will require the executor to post an estate bond. This type of bond is designed to protect the interests of the estate and any named beneficiaries. This must be done prior to the executor being granted legal authority to proceed with handling the estate’s affairs. In some cases, the fee for this bond can be claimed as an expense and reimbursed once the estate is opened.
• Proving the will: This step includes proving that the will in question is legally valid and was authorized by the deceased individual.
• Asset collection: The executor of the estate will then need to gather all eligible probate assets of the estate, which might include all personal property, such as vehicles or bank accounts, of the deceased. These may have no named beneficiaries. Items that are not included in this collection are estate property, property held in a living trust, or any retirement accounts that already have named beneficiaries.
• Assigning a probate referee: Typically, with few exceptions, the courts will require a probate referee to appraise and assign value to any non-monetary assets.
• Creditor payment: Creditors will be given notice of the deceased’s passing and may then provide a written claim against the estate. Any valid claims will be paid from the estate before any other transfer of funds occurs.
• Second probate hearing: Upon this hearing, if every step above has gone through the proper channels, the judge will make a final decision on the distribution of the estate.
• Sale of real estate property: If any of the real estate owned by the deceased’s estate is sold or liquidated, the executor will be required to file a report of that sale and a petition confirming the sale.
• Payment of estate taxes: This step ensures that all expenses, including personal income tax returns, estate taxes and fees, attorney fees, accounting fees, and state and federally imposed taxes, are paid.
• Estate closing: The judge will make a final decision on whether or not the executor properly handled every step of the probate process correctly and will discharge the executor from their duties.

With such a substantial process, it can be easy to miss a step in the process. With the help of a Murrieta Probate Lawyer, you can easily navigate the complicated probate process and ensure that your loved one’s estate is properly settled. Your probate attorney can also help to ensure that your own estate is designed to ensure your beneficiaries properly receive your assets as you would like.

How Long Do You Have to File Probate After Death in California?

In the state of California, the individual who is in possession of the deceased’s will at the time of their passing must take that will to the courts and send a copy of the will to the estate’s executor within 30 days of the death of the will’s creator. If an executor cannot be accounted for, the will can then be sent to someone named as a beneficiary in the will. If the individual in possession of the will does not adhere to this requirement, they may be held liable for damages.

How Long Does Probate Take in California?

It may prove difficult to assign an exact estimate of how long the probate process might take. Each estate is unique and comes with its own set of complexities and factors. Larger or more complex estates can take a much longer time to work through the probate court over an estate that is simpler and has fewer assets and individuals involved. Likewise, if the will of the estate is contested or there are disagreements, the process can take much longer.

During your initial consultation, an attorney can discuss the circumstances of your estate plan or that of your loved ones and estimate how long the process may take.

How Much Are Probate Fees in California?

In the state of California, probate fees can vary. Typically, probate fees are based on the gross value of the estate itself. Additionally, specific fees may be applied to different tiers of value. These costs will also reflect any court involvement in ensuring that wills are valid and legal and in overseeing their distribution amongst beneficiaries.

Reviewing the estate in question will help your attorney estimate the fees you could incur when settling your probate case, as each case is unique.

Is There a Way to Avoid Probate in California?

Perhaps the easiest and most thorough way to avoid probate in the state of California is to establish a revocable living trust which allows the ownership and distribution of assets to take place under its own authority. Once assets have been placed into the trust, they become the legal property of the trust rather than the individual who established the trust and thus excludes them from your estate after your passing.

One of the major advantages of a trust is that it can hold almost any sort of asset and can be used to manage your entire estate. The disadvantage to a trust is that it can be costly to establish and is quite complicated. It is prudent to seek the counsel of an estate planning attorney when determining whether the creation of a revocable living trust is right for you.

How Do You Establish a Will in California?

When establishing a will in California, there are several steps you will want to take to ensure your will stands as legally valid and sound in a court of law after your passing. These steps include:

• Decide which assets to include: Assets that you can include in your will can be property, cars, pets, bank or retirement accounts, life insurance policies, hobby assets, furniture, or other antiques or collectibles.
• Decide who will inherit these assets: Include in your will who your beneficiaries are and what property or assets they are set to inherit upon your death.
• Choose a legal guardian for minor children: If you have any minor children, it is essential to name a legal guardian who will assume custody at the time of your passing.
• Choose an executor: Decide on an executor who will ensure that all your wishes are met and will carry your will through the probate process.
• Create your will: Work with an estate planning attorney, like Hillary Goebel, to legally establish your will. Having a lawyer on your side can ensure that your will is valid and will stand up in probate court after the time of your death.
• Sign your will in front of witnesses: Once your will is created, you must sign it for it to become legal and valid in front of witnesses. These witnesses must be present at the time you sign the will and cannot be individuals who gain anything by acting as said witnesses.
• Safely store your will: Once your will has been established and signed, you will need to find a place where it can be safely stored and found by someone after the event of your passing.

An attorney can help you establish, file, and obtain copies of your will or that of a loved one. Honoring one’s final wishes should be a top priority.

Murrieta Probate Lawyer | Law Firm

If you find yourself facing probate court in the Murrieta area, it is time to seek the professional and experienced help of a skilled probate lawyer who can guide you through this difficult process. Attorney Hillary Goebel has a unique understanding of probate laws that are necessary to serve her clients with professionalism and confidence. She can do everything it takes to secure a positive outcome for your family and ensure your legacy is protected for generations to come.

Hillary Goebel knows how estate plans work and fully understands these complex legal documents. Arguing for their validity or invalidity, she helps make informed decisions for her clients. Contact Hillary Goebel today and see how Goebel Estate Planning, PC can help you. Regardless of the complexity of your estate or the severity of any issues at hand, Hillary is certain she can be of service to you and your family. It’s time to get your affairs in order.