California Probate Law

Experienced Legal Support When You Need It Most

Dealing with the loss of a loved one is an incredibly difficult time. Beyond mourning, families must navigate the complex process of settling the deceased's estate and transferring assets to beneficiaries. This process, known as probate, involves validating the will, addressing financial responsibilities, and distributing the estate’s assets.

Understanding Probate

Probate is a court procedure that validates a will, manages the deceased’s financial obligations, and transfers property to heirs or beneficiaries. In California, this process can be intricate and time-consuming, often lasting from nine months to over a year, particularly if there are disputes or contests.

Key Steps in the Probate Process

• Filing a Petition: A petition for probate must be filed with the Superior Court in the county where the deceased lived. This petition includes details about the executor, heirs, and the estate’s value.
• Court Approval: The judge will review the petition and either approve or disapprove it based on the provided information.
• Notifying Interested Parties: Notices must be sent to all heirs, beneficiaries, and executors listed in the will, informing them of the court hearing date, time, and location.
• Handling the Estate: If the estate is valued at less than $100,000, it may bypass probate. Assets not designated to heirs are distributed by the court's discretion.
• Spousal Property: A surviving spouse may use a spousal property petition to avoid probate.
• Attorney and Executor Fees: California Probate Code limits the fees for attorneys and executors, except in special cases.

Given the complexity of probate, having an experienced attorney by your side can make a significant difference. Our founding lawyer, board-certified in probate law, provides expert guidance through every step of the process.

Insights into California Probate Code

The California Probate Code is comprehensive, covering approximately 13 divisions that address various aspects of probate law, including wills, estate administration, and guardianships. Each division outlines specific rules and requirements relevant to probate proceedings.

For those seeking detailed information on probate laws and their application, the Probate Code offers extensive regulations governing the distribution and management of estates.

Need Assistance? Contact Us Today!

Navigating the probate process can be overwhelming, but you don’t have to go through it alone. The Law Offices of David Shapiro are here to provide the expertise and support you need. We can help you understand and manage the intricacies of the probate code specific to your case. 

Reach out to us today for a consultation and let us guide you through the probate process with confidence.