Orange County Probate Attorney
The loss of a loved one is overwhelming. Grief is a powerful emotion that never goes away. Unfortunately, when a loved one passes away, there are actions you need to take.
What is Probate?
Probate is the legal process that passes assets after death.
When is Probate Required?
When a person dies with an estate (more than the limit for a Small Probate Affidavit) and they don’t have a will, Probate is required, UNLESS they have a Living Trust (and all their assets funded into their Trust) and all accounts have pay on death beneficiaries or are in joint tenancy.
What is Required for Probate?
There are many steps involved in filing a Probate Petition. These steps include (but are not limited to):
There are many technicalities involved and every mistake will delay the process, possibly costing the person who is filing money. Typically, Probates take about 2 years before an order allowing the estate to be distributed.
What Does Probate Cost?
Filing fees and actual costs vary, but typically are between $2,000 and $5,000. Attorneys’ fees in California are set by statute, and the Executor is entitled to the same fee as the attorney.
Here are the Fees:
What Happens During a California Trust Administration?
When the trust grantor passes away, the trustee will have several responsibilities including:
Legal Requirements for Probates or Trust Administration
Notify the Beneficiaries:
Organize and Gather Important Documents:
Real Property Notice:
Real Property Notice:
These are just some of the requirements for a California trust administration. Depending on the trust, the trustee may have other tasks to complete. If you are a trustee, trust administrator, beneficiary, or heir to a California trust, you should consult with an experienced California trust attorney. Your trust lawyer can help you protect your interests and ensure that the trust is properly administered.
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What to Do When a Loved One Passes Away
The first thing that must be done is to make burial arrangements. If your loved one has an Advanced Health Care Directive, their agent is the person who legally makes this decision; otherwise, relatives must agree. If your loved one has not made arrangements, you can ask a friend, family member or clergy for a recommendation. If your loved one was a Veteran, they may be entitled to a burial plot or other benefits. Call the Veteran’s Administration at 800-827-1000 or go to www.VA.gov for information.
Who Do I Contact?
It is important to notify various government agencies, banks, creditors and credit reporting agencies of the death. To reduce the risk of identity theft, these notifications should be made promptly after the death.