Respect their legacy with cost-effective probate services from the most trusted provider of online estate planning and settlement.
Losing a loved one is deeply challenging, and managing the legal process to settle their affairs is often the last thing you want to focus on.
We understand that probate can feel overwhelming and confusing during such a difficult time, and we're here to provide the support you need as a trusted resource. Click the link below to schedule a consultation, where we’ll provide you with the knowledge and support you need throughout this process.
To start probate, we’ll assist you in proving to your local county court that you are the appropriate person to manage the estate, eliminating any uncertainty about the required steps and documents.
Identify all assets owned by the estate, and we’ll assist you in creating a plan to manage each asset and debt, which will then be submitted to the court for approval before execution.
After the plan is approved, we begin implementation. This could involve selling property, closing accounts, or distributing assets to beneficiaries.
Once all assets have been distributed, we will assist you in submitting the necessary documentation to confirm that the plan was executed as intended. With the estate closed, you can finally take a deep breath and find peace of mind.
Probating a Will is a court procedure that involves verifying the validity of the Will, inventorying the estate’s assets and property, settling the decedent’s financial obligations, and identifying heirs and beneficiaries. Once all financial obligations have been met and no claims are made against the estate, the remaining assets and property can be distributed.
Because probate is a detailed process, it can take time. For instance, under California probate law, the executor or personal representative is required to complete the probate process within one year from the date of their appointment. However, there are exceptions. For example, a personal representative can request an extension if they encounter reasonable delays. If federal estate taxes are involved, they may be granted up to 18 months to complete probate. Learn more about how the probate process works in different states.
The personal representative of an estate is allotted a specific time frame to probate a Will, which is determined by state laws. However, the actual time it takes for a Will to go through probate can vary significantly depending on several factors. For example, in California, the probate process can take anywhere from as little as nine months to as long as two years or more. A personal representative may encounter legitimate delays due to factors beyond their control. In such cases, they can request extensions from the probate court. Additionally, the probate court may face its own administrative delays.
A Will must be filed for probate soon after the death of the testator (the person who created the Will). The specific time frame can vary by state, but it is usually within a month. For example, in California, the personal representative of the estate (usually the nominated executor) has 30 days to file the Will for probate after the person's death. If the personal representative fails to file within this time frame, they forfeit their right to be appointed as the executor.
Assets that must go through probate are those that were solely owned by the decedent and not designated to transfer upon death, such as bank accounts, personal belongings, and real estate. These are referred to as probate assets. However, certain assets, known as non-probate assets, are not subject to probate. These include assets with designated beneficiaries, property transferred into a Trust (since the Trust owns them, not the decedent), and items with payable-on-death or survivorship provisions. Understanding the distinction between probate and non-probate assets is crucial when preparing for the probate process. This knowledge helps ensure a smoother and more efficient estate settlement.