What You Need To Know About Probate

Many people create estate plans to avoid the probate process in California. Unfortunately, not every family has such a plan in place. If you have lost a loved one and need to go through probate to distribute the assets, there are some things you can do to ensure the process goes smoothly.

The first thing you should do is reach out to Anastasi & Nielsen to learn more about your options. Our attorneys can explain the process to you and help you determine what you must do to ensure that things are completed as promptly as possible.

What Is Probate?

Probate is the process by which the Superior Court oversees the administration of the person's estate. The process involves admitting a will to probate and administering the estate which includes:

  • Preparing an inventory of assets
  • Payment of bills and taxes
  • Distributing the estate to the beneficiaries of the will

In Santa Clara County, an uncomplicated probate takes between eight and 10 months. Any issues, such as a contested will, mean that the process will take even longer to complete. It is possible that this could tie up funds needed by the family, so you need to be sure you are doing everything you can to prevent this from happening.

Fees Connected To The Probate Process

Statutory probate fees for the executor and the attorney are set forth in the California Probate Code. These probate fees vary based upon the value of the estate. Probate fees may be avoided by means of a living trust. An experienced lawyer can help you draft the documents necessary to protect your family.

Contact Us For A Free Consultation

To meet with one of our attorneys, please call our San Jose office at 408-780-3580 or send us an email. We will happily assist you with the issues connected to the probate process.