FAQ's

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Probate is the legal process of administering and distributing the estate of a deceased person. This includes identifying and valuing the estate's assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries or heirs. 

Whether you need to go through probate depends on the size and nature of the estate's assets. In California, estates valued at $166,250 or less can typically avoid probate through a process called small estate administration. However, larger estates or those with complex assets will need to go through the formal probate process. 

The personal representative, sometimes called an executor, is the individual responsible for administering the estate. This person is usually named in the decedent's will. If no will exists, the court will appoint a personal representative. 

  The general steps in probate are:

• File a petition with the probate court.
• Notify all interested parties, including heirs, creditors, and beneficiaries.
• Identify and value the estate's assets.
• Settle any debts and taxes.
• Distribute the remaining assets to the beneficiaries.

The length of probate can vary, but most cases in California take several months to complete, depending on the size and complexity of the estate. 

The cost of probate varies but can include court fees, attorney's fees, appraisal fees, and other related expenses. For larger or more complex estates, these costs can be significant. 

Yes, there are strategies to avoid probate such as creating a living trust, placing assets in joint tenancy with the right of survivorship, or purchasing beneficiary designations for assets like life insurance policies and retirement accounts. 

Small estate administration is a simplified probate process for estates valued at $166,250 or less in California, allowing for a faster, court-free transfer of assets. However, it doesn't directly include real estate. To transfer real estate from a small estate, you must use the Affidavit re Real Property of Small Value (Form DE-305), with specific criteria met, including the decedent dying in California and the total real property value not exceeding $184,500. 

If you die without a will in California, your estate will be distributed according to state intestacy laws, which determine who inherits your assets based on established legal hierarchies.