Sacramento Probate Lawyer
California law firm advises on the administration of decedents’ estates
Shifting the ownership of assets from someone recently deceased to their rightful heirs can be a complicated process. Many people who are named as executor or administrator of a loved one’s estate are not familiar with the complicated rules and procedures of California’s probate system. If a dispute arises over the validity or execution of a will, the intensity and expense of the legal challenges are likely to increase. At K. Greg Peterson, a Professional Law Corporation in Sacramento, clients benefit from an attorney who is a California State Bar Certified Specialist in estate planning, probate and trust law. No matter how simple or complex your probate matter is, Greg Peterson can help you carry out your legal duties efficiently and provide strong advocacy if a conflict exists.
When is it necessary to probate an estate in California?
Probate serves several functions when someone chooses to pass their property through an estate, including:
- Proving that the decedent’s will is valid
- Transferring title of real and personal property from the decedent to heirs
- Paying debts and taxes owned by the decedent
- Obtaining the decedent’s medical records
- Notifying heirs and creditors of the decedent’s passing
Though many families find probate to be a burden, if it is required, it is a complex process that must be taken seriously.
What kind of property does not pass through probate?
Most property owned by a decedent can be transferred through the probate process whether a valid will exists or the distribution is made pursuant to the California’s intestacy laws. However, there are exceptions that do not become part of the estate, such as:
- Jointly held assets, which become the sole property of the other owner
- Life insurance proceeds
- Investments and other accounts which are payable on death to a named beneficiary
- Assets passed through a trust
Understanding what property of yours would be shifted to your heirs through probate is a good starting point for the estate planning process. From there, we can help you decide if you want to take steps to transfer other property outside of the probate system.
Duties of an estate executor or administrator
The executor of a will, or the administrator if the decedent died intestate, has a profound fiduciary duty to distribute property based on the applicable laws and the language in the will. This can be a complex process with numerous distinct steps, such as:
- Filing the petition to open the probate matter
- Proving the will is valid
- Contacting named heirs and publishing the Notice of Hearing
- Transferring ownership of assets from the decedent to the estate
- Keeping an inventory of estate assets, debts and transactions
- Paying taxes and monies owed to creditors
- Addressing any disputes regarding the validity of the will
- Representing the estate in court hearings
- Distributing assets to rightful heirs
- Obtaining court approval to discharge the probate matter
Failing to complete one of the steps could lead to delays, diminution of estate assets and possibly even legal liability for the executor/administration. We provide comprehensive guidance from start to finish so you can complete your duties in a timely, efficient manner.
Intestate succession in California
Under California statutes relating to intestate succession, a surviving spouse inherits half of the property owned by their partner at the time of their death. The other 50 percent is distributed among living relatives. If the decedent is not married when they pass away but has children, the entire estate is equally divided between the children. It is important to keep in mind that each member who has the same family relationship is entitled to an equal share of the estate, which means that if an individual’s assets are to be split among two siblings, it does not matter that the decedent got along with one and not the other.
Probate court experience gives you an advantage
As a California Bar Certified Specialist in estate planning, trust and probate law, and an experienced litigation attorney, Greg Peterson has a clear advantage when it comes to handling probate disputes and obtaining approval from the court. Our firm has successfully settled hundreds of litigated disputes and tried many cases in courts before juries or a sitting judge. Based on this experience, we can give you an informed perspective as to how your probate matter will proceed.
Contact a Board-certified California probate attorney to set up a free consultation
K. Greg Peterson, a Professional Law Corporation handles a full range of probate issues for California clients, including disputes and the administration of estates. Please call 916-443-3010 or contact us online for a free consultation regarding your probate matter. Our office is in Sacramento.
