When someone passes away, there estate is usually required to go through a legal process known as “probate.” During probate, the decedent’s estate assets are inventoried, valued, and eventually transferred to the intended beneficiaries and/or heirs of the estate. Probate can be a complex and time-consuming process under the best of circumstances. The Los Angeles attorneys at Schomer Estate & Wealth Advisors explain seven factors that impact the probate of an estate in California.
- The Size of the Estate: One of the most significant factors affecting probate in California is the size of the estate. If the total value of the estate exceeds $184,500 (as of 2024), formal probate is typically required. Estates valued at below $184,500 may qualify for a simplified process known as “small estate administration,” which allows heirs to use an affidavit procedure to claim assets without going through probate. Moreover, estates with valuable and/or complex usually assets take longer to probate simply because of the size and value of the estate.
- Whether the Decedent Died Intestate: If the decedent left a valid Last Will and Testament, the decedent died “testate” and the probate process is usually easier. When no Will was left behind, the decedent is said to have died “intestate” and probate can be delayed. For a testate estate, the estate is administered by the Executor, named in the Will and assets are distributed according to the instructions in the Will. If no Will exists, however, the estate will be considered intestate, and the court will distribute assets according to California’s intestate succession laws. Intestate estates usually take longer to probate because the court must appoint an Administrator and determine who the rightful heirs to the estate are and then locate them.
- Appointment of Executor: If the decedent executed a Will, the person named as Executor in that Will is responsible for overseeing the probate of the estate. The right Executor can help an estate move swiftly and efficiently through probate whereas the wrong Executor can cause unnecessary delays in the probate of a California estate.
- Type of Assets Owned by the Decedent: The type of assets the decedent owned also plays a role in determining the complexity and length of probate. Some assets do not need to go through probate, such as life insurance policies and retirement accounts with named beneficiaries, jointly owned property, and assets held in a living trust. If most of the decedent’s assets fall under these categories, the probate process will likely be simpler and faster. On the other hand, if the estate consists mainly of real estate or assets that do not have designated beneficiaries, probate will be required to transfer ownership of those assets to the heirs or beneficiaries.
- The Presence of a Trust: If the decedent created the right type of trust and transferred most of their assets into that trust, probate might be avoided altogether. Assets held in a trust may not go through probate. Instead, the trust agreement governs their distribution. The Trustee can distribute assets according to the terms of the trust without court intervention. If some assets were unintentionally left out of the trust, probate might still be necessary to administer those assets, which can complicate the process.
- Family Disputes: One of the biggest causes of delays in probate is family disputes. If heirs or beneficiaries disagree over the distribution of assets, the validity of the Will, or the appointment of the Executor or Administrator, the probate process can become lengthy and complicated. A Will contest, for example, may require court hearings, legal filings, and even mediation or arbitration. Resolving these disputes can delay the administration of the estate by months or even years.
- Debts and Liabilities of the Estate: The estate’s debts and liabilities must be settled before any assets can be distributed to heirs or beneficiaries. This includes paying off creditors, settling outstanding tax liabilities, and resolving any legal claims against the estate. If the estate has significant debts or unresolved liabilities, this can delay the probate process. In California, creditors have up to four months to file a claim against the estate once probate begins. If a creditor dispute arises, it can extend the process even further.
Do You Have Additional Questions about California Probate?
For more information, please join us for an upcoming FREE seminar. If you have additional questions about the factors that might impact probate in California, contact the experienced Los Angeles probate attorneys at Schomer Estate & Wealth Advisorsby calling (310) 337-7696 to schedule an appointment.
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Read More!
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