Probate Attorney Serving Families Throughout Southern California

The loss of a loved one is never easy. Even if those close to us lived long, fulfilling lives, death is difficult. Under ideal circumstances, everyone would be allowed to grieve and process in their own way and on their own schedule. However, under many circumstances, legal concerns may hinder the focus on what matters most. One of these concerns is probate.

Probate is a legal process meant to ensure that a person’s estate is settled according to California Probate Code. This includes validating and certifying any will that may have been left behind. If the deceased did not leave behind a will, probate can take a considerable amount of time. This is because, in the absence of a will, the laws in the State of California will be responsible for naming a beneficiary to settle the estate. If an estate enters an extended probate period, it may mean months of resulting legal battles.

In some instances, an estate can become tied up in estate litigation for years. During this time, your family and loved ones may not be able to claim some or even all of their intended inheritance. This is why if you or a loved one wishes to ensure their family and friends are cared for after you’re gone, it’s vital to consult an experienced probate attorney in Bakersfield.

A probate attorney can help you prevent your estate from entering a lengthy probate process. Additionally, if a loved one’s estate has already entered probate, our dedicated attorney can help you navigate the potentially complex world of California Probate Law. For a broader overview of your options, explore our full estate planning services.

What is Probate?

Probate is a legal procedure meant to ensure that a person’s estate is settled according to the law. According to the California Courts’ probate self-help guide, probate is meant to protect all parties related to an estate, including the deceased themselves, anyone who may still be owed money by the deceased, and the deceased’s intended heirs.

If someone has left behind a will designating an executor, the probate process may be simple. Courts usually approve designated executors. Once an executor has been approved, they may begin carrying out the deceased’s wishes as stated in their will.

If the deceased did not leave behind a will, or if their will did not account for some or all of their assets, probate can become more complex. In the absence of a will, the court will name an executor. Anyone who believes they have a legal right to be named executor may petition the court. Once an executor has been designated, they must determine the value of the deceased’s estate, tally their assets, and make determinations regarding inheritance and creditors.

What Does an Executor Do During Probate?

During probate, an executor is responsible for ensuring that a person’s estate is settled according to the law. This includes notifying potential creditors and ensuring they are paid accordingly. Some people may believe that their debts are cancelled if they pass away.

This is not necessarily true. Certain debts, including money owed from lawsuits, income taxes, and more, are still due even if a person dies. In some circumstances, these debts must be paid out of their estate. If a person died in considerable debt, it may result in some or all of their estate being sold to pay off creditors. An executor is responsible for notifying creditors and settling any outstanding debt with them. This can be a lengthy and emotionally draining process — particularly for blended families or those with complex asset structures.

This is why it’s vital to consult a probate attorney. A probate attorney can help you avoid a lengthy probate process for your friends and loved ones. Additionally, if you have been named an executor and a loved one’s estate has entered probate, an attorney can help you navigate the process.

How Can I Avoid a Lengthy Probate Process under California Probate Law?

While every estate must enter probate, you can make the process straightforward by planning with an experienced probate attorney. A knowledgeable probate attorney in Bakersfield can help you strategize so that your loved ones can avoid some potential challenges. This is especially important when planning for minor children or when approaching retirement.

Some effective strategies for streamlining the probate process include, but are not necessarily limited to:

• Trusts
• Transfer on Death Deeds
• Joint Property with Right of Survivorship
• Small Estate Affidavits
• Advanced Gifting

Trusts are legal entities which allow you to legally transfer ownership of certain assets away from yourself. When you transfer ownership of assets into a trust, they become the legal property of the entity. When you pass away, a designated individual known as a trustee can follow instructions on how to distribute the assets in the trust. Because the assets were legally the property of the trust at the time of death, you can avoid many probate concerns.

Transfer on death deeds (TODDs) are another simple yet effective strategy. As the name indicates, this is a special type of deed which legally transfers ownership of the listed property to another individual at the time of the owner’s death. Similar to a trust, because ownership automatically transfers to another person, TODDs are an effective way to avoid a complex probate process. Our team can also assist with related real estate matters connected to your estate plan.

Jointly owning property with right of survivorship is a legal arrangement in which you co-own certain property with another, trusted individual whom you wish to inherit it one day. Under right of survivorship, when one owner passes away, the other listed individual becomes the sole owner.

What Are Small Estate Affidavits?

A small estate affidavit is an option for individuals who did not leave behind a significant amount of assets or money. If an estate is worth less than a certain amount, a small estate affidavit may be filed to help prevent probate entirely. You must wait at least forty days following a death to file a small estate affidavit, and it must have been notarized before submission.

Accuracy is vital with small estate affidavits, and errors in accounting or failure to include all required assets may result in delays or even rejection of the affidavit. An experienced probate attorney can review an estate and determine if it is eligible for a small estate affidavit. You may also want to speak with our team about estate tax planning to understand the full financial picture.

What is Advanced Gifting and How Can It Help Avoid Probate?

Another potential strategy is strategically gifting certain assets to your intended heirs while you are still alive. This is sometimes called an “advanced gift.” An attorney can guide you through the process of legally gifting assets to avoid probate. This not only spares your loved ones the difficulty of the probate process, but lets you see them enjoying these gifts while you’re around.

These are only a few potential legal strategies for avoiding probate. Beyond these, a comprehensive estate plan may include powers of attorney, advance healthcare directives, and Medicaid planning to protect both your assets and your wellbeing. An experienced, compassionate, and dedicated probate lawyer can review your specific case and help you develop an effective strategy.

Frequently Asked Questions About Probate in California

How long does probate take in California?

A typical California probate case takes nine months to two years from the time the petition is filed to final distribution. More complex estates — those involving disputed wills, multiple creditors, or significant real property — can take considerably longer. This is one of the strongest reasons to plan ahead with an experienced probate attorney.

What is the small estate threshold in California?

As of 2024, estates with a gross value under $184,500 may qualify for a simplified small estate affidavit process, bypassing formal probate. This figure is adjusted periodically by the California Judicial Council. An attorney can help you determine whether an estate qualifies and ensure the affidavit is filed correctly.

What assets bypass probate in California?

Several asset types pass outside of probate entirely, including assets held in a living trust, jointly owned property with right of survivorship, accounts with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), and property subject to a valid Transfer on Death Deed. Proper estate planning can ensure the majority of your assets fall into these categories.

How much does probate cost in California?

California law sets statutory fees for both the executor and the probate attorney based on a percentage of the estate’s gross value — typically 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and so on. For a $500,000 estate, combined fees can exceed $26,000. This is in addition to court filing fees and other costs. Proactive estate planning can eliminate or significantly reduce these costs.

What happens if someone dies without a will in California?

When someone dies without a valid will, they are said to have died “intestate.” In that case, California’s intestate succession laws determine who inherits. Assets generally pass to a spouse, then children, then other relatives in a set order. This means your assets may not go to the people you intended — and the process is typically longer and more expensive.

Can a will be contested during probate?

Yes. Any interested party — typically a potential heir or creditor — may contest a will during probate on grounds such as undue influence, lack of testamentary capacity, fraud, or improper execution. Will contests can significantly extend the probate timeline and result in estate litigation. Careful drafting of your will with an attorney greatly reduces the risk of a successful challenge.

Do I need a probate attorney in California?

While California does not legally require an attorney for probate, the process involves strict court deadlines, complex accounting requirements, and significant potential liability for executors. Most executors and beneficiaries benefit greatly from professional legal guidance. The State Bar of California recommends consulting a licensed attorney when navigating probate matters.

What is the difference between a will and a trust for probate purposes?

A will takes effect at death and must go through probate before assets are distributed. A trust holds assets during your lifetime and distributes them after death without going through probate. Trusts offer greater privacy (wills become public record in probate), faster distribution, and often lower overall costs — particularly for larger or more complex estates.

What Should I Do if I Need a Probate Attorney in Southern California?

The loss of a loved one is never easy. Neither is considering end-of-life concerns. Consulting an experienced probate attorney in advance is an easy way to avoid your loved ones going through a lengthy probate and estate planning process. A compassionate Bakersfield probate attorney is also vital if your loved one’s estate has recently entered probate. This is why you must contact The Law Offices of Robert H. Brumfield, P.C.

Robert Brumfield and his dedicated staff place a high premium on their ability to serve the needs of people who have recently lost a loved one, or who want to ensure their own families are cared for after they’re gone. Read what clients are saying on our reviews page.

Contact our Bakersfield Probate Lawyer Today to Assist in all your Estate Planning Needs

Robert Brumfield and his entire staff approach every case with the utmost compassion and concern so that their clients can focus on what matters most. Don’t hesitate. If you need to speak with a Bakersfield probate lawyer today, call to schedule a free consultation.