Navigating the requirements of probate in California can be confusing and frustrating, but with the right legal guidance, you can manage the process with confidence.

The death of a loved one requires you to take certain steps to satisfy legal requirements at a time when you may be overwhelmed with grief and family matters. Being able to rely on a trusted legal advisor during this challenging time makes the process much easier.

The team at Blacksburg Law is ready to assist with estate administration in a variety of ways. We can manage interactions with the court, obtaining the authority you need and completing administrative requirements on your behalf. During each step in the process, we guide you through the requirements, answering your questions and helping you avoid mistakes that could delay the process or cause problems in the future.

Understanding Probate and Estates

Probate refers to the legal process of handling a person’s financial estate after they pass away. The law contains a number of requirements to ensure that the creditors who are owed money first receive their due, then the taxing authorities, then the administrators, and, finally, that heirs or beneficiaries collect the remaining property to which they are entitled.

An estate is the legal term for the property an individual leaves behind when they die, so essentially, everyone leaves an estate of some type. (Your estate includes other things but for purposes of this article, we’re holding tight to stuff.). However, the ownership of some property is set up so that it does not become part of an estate for probate purposes (what we call a “probatable estate”). For instance, if someone sets up a revocable living trust and transfers their assets into that trust, then when they pass away, all those assets will go to trust beneficiaries directly instead of going into a probatable estate. If there is no or very little property in the probatable estate, then it is not necessary to hold a formal estate administration process through the probate court. (This is why people who want to make things easier for their loved ones set up estate plans based on revocable living trusts.)

If the deceased person left accounts such as a retirement account or life insurance policy with a valid beneficiary designation, then the funds in those accounts will go directly to the beneficiary. They will not become part of the probatable estate unless the estate is listed as the beneficiary or the designated beneficiary is deceased with no contingent listed.

Property that is co-owned with a right of survivorship also would not become part of the probatable estate. If there is a property deed or car title with another person listed as a joint tenant, then that co-owner would take over full ownership of the property. However, if property is co-owned as tenants in common, then the partial ownership share of the deceased person would become part of the probatable estate and pass through the probate process.