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 law. 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 probate 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.

What is Probate?

Probate is a legal procedure meant to ensure that a person’s estate is settled according to the law. 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. 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?

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.

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.

Another strategy is jointly owning property with right of survivorship. This 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.

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. An experienced, compassionate, and dedicated probate lawyer can review your specific case and help you develop an effective strategy.

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 process. A compassionate 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. 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 probate attorney today, call 661-384-6940 to schedule a free consultation.