Probate Attorneys in Granite Bay, California
Expedite the Process With the Help of an Experienced Probate Attorney
When a person passes away and leaves a will in California, their estate will be divided up according to the terms of their will. However, this can't be done until the estate has passed through the probate process. During probate, the will is examined to determine whether or not it is valid.
Creditors are then notified that the estate is in probate, and they are given up to four months to pursue claims for outstanding debts. Beneficiaries and other potential heirs are also notified, giving them the opportunity to contest the will or take any other actions. Our probate lawyers can guide you through the process in order to mitigate any unnecessary stress.
Reasons to Avoid Probate in California
Many of the clients who come to Herrig, Vogt & Hensley, LLP for assistance with estate planning are concerned with ensuring that their estates will avoid probate.
Some of the disadvantages associated with the probate process include:
Time-consuming — Probate can be an incredibly lengthy process, often taking several months or even years to complete. Beneficiaries cannot receive their inheritance until all other steps of the probate process have been fulfilled.
Court costs and legal fees – The probate process is expensive. All of the court costs and legal fees can decrease the aggregate value of the estate that is available to beneficiaries.
Lack of privacy — Probate is a matter of public record, meaning that information about the financial affairs of the estate and the provisions of the will are not kept private. Personal information contained in the will may be public fodder, such as why an adult child has been disinherited.
Potential disputes — Notification of the probate process may provide an opportunity for an heir to contest the will or challenge its validity.
Ways to Avoid Probate
If you want to ensure that you avoid the probate process, our estate planning lawyers may be able to help you implement strategies to achieve this goal. We will carefully review your personal circumstances and determine appropriate ways to avoid the probate process.
For example, we might advise you to establish a trust, which involves transferring funds and assets into the trust so that they will no longer be part of your estate. Assets in a trust will never be subject to probate, given that it has been transferred out of your name.
We may also be able to draft your will in a way that minimizes the impact of probate by simplifying and expediting the process. Additionally, if the value of the estate is below a certain amount, your heirs may be able to avoid probate by filing for a simplified procedure.
Benefits of Probate in California
When we meet with you to review your situation, we will carefully discuss your priorities and the nature of your case to determine whether or not it should be a priority for you to avoid probate of your estate. While many people want to avoid the probate process, it does offer certain advantages, including the following:
You may be able to settle all of your debts.
The probate process starts a time clock. If creditors take more than four months to submit their claims after they receive notice of probate, they forfeit the right to pursue any claims.
The court supervises the process and ensures that it is properly carried out
Heirs have access to the court system to resolve any dispute.
Why Should You Choose Our Probate Lawyers?
Whether you are seeking probate avoidance strategies, probate litigation counsel, or any other probate guidance, we at Herrig, Vogt & Hensley, LLP have the knowledge and dedication you need on your side. We proudly represent clients throughout Placer County, Sacramento County, El Dorado County, and the surrounding areas of California.
Contact us now for a free case evaluation.