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Home » Resources » Frequently asked questions » California Probate FAQ

California Probate FAQ

    • What is probate?

    • Probate is the legal process that is typically required after someone passes away. Probate serves several purposes, the most important of which are to ensure that the decedent’s assets are identified and distributed to the intended beneficiaries and/or heirs as well as to allow creditors the opportunity to file claims against the estate.

    • Is probate always required?

    • Some type of probate is usually required; however, for small estates, formal probate may not be necessary. Estates valued at less than $150,000 may not require formal probate; however, because of the complex nature of California’s probate laws and rules you should consult with an experienced probate attorney to determine what type of probate, if any, is required.

    • Who oversees the probate of an estate?

    • If the decedent left behind a valid Last Will and Testament the individual named as Executor in the Will oversees the probate of the estate. If the decedent died intestate (without a Will), a spouse, friend, or family member usually volunteers to be the Administrator of the estate. If no one volunteers, the court will appoint an Administrator.

    • Do all assets go through probate?

    • Some assets bypass the probate process altogether, meaning they can be distributed to the intended beneficiaries right away. Common examples of non-probate assets include:

      • Asset held in a trust
      • Proceeds of a life insurance policy
      • Assets held in a “payable on death (POD)” account
      • Certain types of jointly held property

    • How long does probate take in California?

    • Several factors will determine how long the probate process takes; however, creditors of the estate have up to four months from the time the Personal Representative (Executor or Administrator) was given the authority to proceed with probate to file a claim. Consequently, probate typically takes a minimum of six months to complete. For larger estates with valuable and/or complex assets, or for estates that are challenged, the probate process can easily take more than a year to conclude.

    • Do I need a lawyer for probate?

    • The law does not require you to retain an attorney; however, given the complexity of the process, the ease with which an error can be committed, and the importance of what it is at stake, most Executors/Administrators choose to retain an experienced probate attorney to assist them during the probate process.

    • What happens if someone dies without a Will?

    • If the decedent failed to execute a valid Last Will and Testament prior to his/her death the estate is referred to as an “intestate” estate. In that case, the California laws of intestate succession govern the disposition of probate assets. Typically, it means that only a spouse and/or close relatives will inherit from the estate.

    • What are the steps in the probate process?

    • Although every estate is unique, there are some common steps in the probate of most estates, including:

      • Identifying, locating, and valuing estate assets
      • Opening probate
      • Authenticating the Will
      • Identifying legal heirs in an intestate estate
      • Notifying creditors
      • Reviewing creditor claims
      • Litigating and challenges
      • Paying estate taxes
      • Transferring and distributing assets to beneficiaries and/or heirs

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Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

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