Find a California Probate Attorney | California Probate Law

California Probate and Estate Settlement

The death of a family member or friend can be one of the most painful time periods in someone's life. Adding to the stress during this time can be the new found duties and responsibilities of probate and estate settlement. If you have been name in a decedents will or trust as an: executor, trustee or personal representative of a California estate then you are welcome to use our materials. Family members and beneficiaries, while you may not have formal estate administration duties, you may also find our information helpful in understanding the California probate process.

California Estate Settlement Grief Care help

Find a California Probate Attorney

Alameda County | Tom Roland Probate Attorney Berkeley, California

Placer County | Johnson, Fort, Leissner, Joseph & Palley Probate Attorneys Roseville, California

Sacramento County | Johnson, Fort, Leissner, Joseph & Palley Probate Attorneys Sacramento, California

San Diego County | Weissler Law Group | Joel Weissler Probate Attorney San Diego , California

(need an attorney for different location contact us)

When a person dies who is a domiciled resident of California, the laws of the state of California have jurisdiction regarding probate activities and the estate settlement process. California probate and trust laws are administered by California county probate offices at the county court house location, within the county the decedent declared their permanent residency.

It is highly recommended that all trustees, executors and personal representatives consult with an experienced California probate attorney. A well qualified estate administration attorney, will guide you in understanding local policies and procedures pertaining to California probate codes and trust laws.

It is also advisable to employ an estate administration attorney early in the process as mistakes, may create financial and legal liabilities for executors or family members. Problems may compound in complexity over time and may become more difficult to resolve.
Selecting a California probate attorney

California Probate - Steps in the California probate process

1. Find the California decedents will
2. Review the will; who has executor or trustee?
3. The executor should safeguard property of the estate
4. The executor should find a California probate attorney
5. Order California death certificates (12 death certificates)
6. Collect the decedents records and bills i.e., financial statements
7. Meet with a California probate attorney
8. Start the creditor claims period
9. Open a checking account for the estate pay expenses and bills (keep excellent records)
10. Contact an accountant for estate inventory (if needed)
11. Complete inventory of estate assets (and debts)
12. After receiving court approval and with the advice of the attorney, distribute assets as per will directs
13. Complete estate duties and close California estate

Understanding Probate Laws in California

An important first step in the probate process for an executor, is to understand their fiduciary duties under California law. Understandably, for most individuals the vocabulary terms used in the probate and estate settlement process will be foreign to most consumers. To help, we have created a Glossary section to explain often used terms in probate and estate settlement. Also our popular frequently asked question area may be of assistance.
Probate and Estate Settlement Terms
Frequently asked questions on California Probate and Estate Settlement

We have provided links to California probate Laws and Codes. Before take action regarding an estate in is advisable to consult a Knowledgeable California probate attorney.
California probate laws

It is likely that the estate executor will maintain contact with the California probate attorney throughout the probate process. There are also an important timeline in handling the estate's affairs. The executor and the attorney should make every effort to meet these important deadlines.

California Estate and Probate Timeline (actual activities may vary)

• Filing the will with the court and receiving letters of administration
• Open creditor period
• Filing of decedents federal and state income taxes
• Submitting an inventory of the estate assets with California Probate Court (County office).
• If necessary file form 706 ( Federal Estate Taxes)
• File estate’s income taxes
• Pay all debts of estate, including property taxes, court fees, debts and estate expenses.
• If required appear in court as requested by county probate judge or court.

After the executor has hired a probate attorney the probate process should progress smoothly, but unforeseen delays are common so expectations should be "managed" conservatively. All estate estate have their own unique assets and circumstances.
California Probate and Estate Settlement Executor Checklist

How long does it take to settle a California Estate?

The exact time of events, for each estate is different. All parties will have to accept a degree of flexibility and patience as many matter are not within the control of the executor or the probate attorney. California estates with unique assets such as business assets or hard to sell real estate will require an extra allocation of care and patience for all interested parties. Economic conditions can change rapidly and market values for assets can rise and fall and become illiquid with in some markets and time periods.
California Probate and Estate Settlement Timeline
California Probate: Dealing with Real Estate

It is important to recognize that the personal representative actions will not be judged by whether they “forecast” market conditions and prices. Executors will be evaluated (by legal authorities) according to their actions regarding their fiduciary duties and their prudence and loyalty to the estates long term goals. If controversies arise the personal representative or executor should immediately consult with their probate attorney.
California Probate and Estate Settlement Fiduciary Duties

Some beneficiaries may hold unrealistic expectations which may create disappointments and family disagreements. Although regrettable this are not unusual during the estate settlement process. Executors should make every attempt to mend family rifts and disputes when at all possible. Fulfilling their duties is their priority making everybody "happy" is their well intention hope but is not a necessity.
California Estate Settlement keeping the peace in the family

California Probate Attorney Areas Served Find California Probate Attorneys Fast! (all)

Contact us for additional California Locations

California Counties Served By Estate Settlement.com Probate Attorneys