When you lose a loved one who did not create a comprehensive estate plan, you must probate the will to legally validate it before any of the terms set forth in the will can be carried out. Probating a will tends to be a complex, lengthy, and confusing process, so many people choose to develop estate plans to avoid leaving their family members with this burden. In their will, the decedent should have designated an administrator, or executor, to handle the estate after they died, which includes paying off debts, distributing assets to beneficiaries, and managing all other financial obligations associated with the estate. Few people expect to be given such an important responsibility, and most have a number of questions on their role in the probate process and the duties they are expected to perform.
If you were named as an administrator for a family member’s estate, the best way to ensure you can properly navigate this process and achieve the best outcome for all parties is to speak with an experienced probate attorney. Quinn & Dworakowski, LLP has the legal knowledge, skills, and resources to guide you through the effective management of an estate. We can explain how the law applies to your unique situation, offer counsel on how to perform your duties, and guide you to the best outcome for your family. Learn more about the probate process by consulting the following information, then contact Quinn & Dworakowski, LLP for top-tier legal representation.
What Is the Purpose of Probate?
Probate refers to the court-supervised process of confirming the legal validity of a will so the decedent’s estate can be managed according to their last wishes and the legal requirements of the county court. The purpose of probating a will is to administer the assets and property within the estate in a manner that prioritizes the best interests of the estate and the designated beneficiaries. When the decedent leaves behind a will, the executor named in the estate is responsible for submitting the will to probate and overseeing the management of the estate according to the terms outlined in the will. When a will cannot be located, a family member must request to be appointed as an administrator, who will allocate the estate using intestate succession laws in which assets are transferred to the next of kin, typically a surviving spouse or children.
Probate serves the following functions:
- Filing the will with the probate court for authentication
- Appointing an administrator of the estate
- Identifying and locating assets and property
- Creating an inventory of assets with brief descriptions on how they were acquired and whether there may be anyone with the right to file a claim against them
- Hiring appraisers to determine the value of the assets
- Filing the inventory and appraisals with the probate court
- Securing assets, such as insuring and maintaining a house or protecting valuables from damage or theft
- Notifying creditors of the opportunity to file claims against the estate
- Paying valid creditor claims or contesting invalid claims
- Selling assets if the estate is not sufficient to pay outstanding debts
- Calculating and paying state and federal income taxes
- Identifying beneficiaries and notifying them of their interest in the estate
- Transferring assets to beneficiaries
- Keeping a detailed account of all received assets and paid expenses
- Appearing in court hearings on behalf of the estate
- Litigating any disputes against the terms of the will
- Closing the estate after all of the above tasks have been accomplished
What Assets Are Subject to Probate?
Generally, the assets listed below are subject to the probate process:
- Individual real estate or personal property, which consist of assets held solely in the decedent’s name without co-owners, beneficiary designations, or payable-on-death (POD) or transfer-on-death (TOD) designations
- Personal possessions, including clothing, jewelry, furniture, art, and household items
- Intangible assets, such as bank accounts, savings accounts, and stocks
- Half of every asset co-owned with a spouse
- The decedent’s portion of an asset owned in joint tenancy with another person
Is Probate Necessary?
In some cases, it is possible to avoid probate. The following assets are typically not subject to probate and can be immediately distributed to beneficiaries after the decedent’s death:
- Assets held in a revocable living trust
- Assets owned in joint tenancy with another person
- Assets owned as survivorship community property with a spouse
- Assets with designated beneficiaries, including life insurance policies
- Assets that are set up with a registered payable-on-death or transfer-on-death beneficiary, such as checking accounts, savings accounts, certificates of deposit, stocks, bonds, and retirement accounts
Probate is also unnecessary if the total value of the probate estate equals less than a certain amount. The probate estate is defined as the assets and properties that cannot be transferred to beneficiaries through any of the methods described above. In California, if a probate estate is valued at less than $184,500 at the time of death, it is not subject to probate.
Seek Qualified Legal Assistance with the Probate Process
The probate process can be challenging, but Quinn & Dworakowski, LLP can help you understand your obligations and give you the information you need to fulfill them. For over 40 years, we have dedicated my career to assisting clients in Southern California and offering the highest quality of legal representation to ensure they can effectively manage the administration of an estate. When you retain our legal services, we can answer any of your questions, resolve your concerns, and help you reach a resolution for your family. We will work with you throughout the entire probate process to prepare all of the required documents for probating an estate and file them with the probate court, as well as representing you at mandatory court hearings.
Contact Quinn & Dworakowski, LLP today to schedule a consultation. If you are located outside of Southern California, you can still benefit from our legal expertise as we can communicate via phone call or video chat to review your options and develop a strategy for handling the estate. With our help, you can approach this challenging situation with confidence and peace of mind knowing your loved one’s wishes will be respected.
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