When someone dies owning property (house, financial accounts, etc.), that property cannot just be passed to that person’s survivors unless there is a trust in place or some other death-related designation on the property (like a pay on death account). The process for passing the property from the deceased person to their survivors is the court-supervised probate process. If there is a will, the court must validate the will. Debts and taxes need to be paid, and that has to be shown to the court. Even a smooth probate process can be cumbersome and overwhelming – especially to someone who just lost a loved one.
At Radiant Probate, we provide compassionate legal support. Our probate attorneys serving San Mateo County can assist with the entire probate process, and advise clients on estate planning strategies that may allow loved ones to avoid probate after their passing.
Contact us today to request a consultation for our expert probate or estate planning services.
What Is Probate?
Probate is the court-supervised legal process in which a person's assets are accounted for, debts are paid, and property is distributed according to a will or according to the law where there is no will. The process ensures the orderly transfer of property in accordance with California law, resolves disputes among family members, if there are any, and settles the decedent's debts and taxes.
Probate is generally required in California when a person dies and leaves behind assets in their name alone that exceed a certain value. That minimum value depends on the types of assets and when the person died. For example, estates with financial accounts over $208,850 for decedents who died on or after April 1, 2025 require probate.
Certain assets may be able to avoid probate, such as those with designated death beneficiaries or estates held in a living trust. If you are unsure whether your loved one's estate requires probate, speak with a San Mateo probate attorney for guidance.
The Probate Process in San Mateo County
Probate involves several steps that are carried out by the Executor of the will (or the Administrator of the estate if there is no will). The court will either appoint an Executor who is named in a will or the court will appoint an Administrator where there is no will. Where there is no will, the Probate Code provides an order of priority for appointment as Administrator. The surviving spouse has the highest priority, followed by the decedent’s children.
The Executor would follow these general steps to fulfill the probate process:
File a petition with the probate court
Attend a hearing in which the court appoints the Executor
Notify all beneficiaries and creditors of the decedent's passing
Inventory the estate assets and seek an appraisal by a court appointed probate referee
Review claims against the estate filed by creditors
Liquidate assets or borrow money, if necessary, to pay debts
Take care of the decedent’s final income taxes
Possibly file an income tax return for the estate
Pay estate taxes, if needed
Petition the court to distribute the remaining assets to the beneficiaries and close the estate
A very fast probate process takes a minimum of seven to nine months, although it is quite common for probates to take a year or longer, depending on issues like disputes, tax complications, and many other things that can delay the probate process.
The person appointed to act as estate representative may not have any legal experience. Furthermore, the probate process may not follow these steps seamlessly. But the estate representative takes on legal liability and must ensure that they are working in accordance with the law. Working with a San Mateo probate attorney can help Executors and Administrators understand and navigate their duties while adhering to California and federal law.
Potential Methods of Avoiding Probate in San Mateo County
The most comprehensive way to avoid the need for probate is to have an estate plan in place based on your particular needs. One of the most time tested and flexible tools for avoiding probate is the revocable living trust. You can change your revocable living trust any time you want. A revocable living trust is for more than just planning for death.
A properly structured revocable living trust gives you full control of your assets while you’re living and competent, allows your trustee to seamlessly care for you if you become incompetent, and directs how your beneficiaries receive your assets at your death. Not only avoiding the court supervised probate, but also avoiding the need for a court supervised conservatorship if you lose capacity due to an accident or illness.
There are other non-probate methods of transferring property at death. For example, if the deceased was married or had joint ownership of any property with another person, their joint owner or spouse may become the sole owner of the property after their death without needing to go through probate. Certain assets may also have beneficiary designations, allowing those assets to avoid probate. These may include:
- Bank accounts with payable-on-death (POD) designations
- Stocks and bonds with transfer-on-death (TOD) registrations
- Life insurance policies and retirement accounts with named beneficiaries
In some cases there are simplified processes like a small estate affidavit for estates of relatively lower financial value or spousal property petitions for surviving spouses.
For any tool to avoid probate, you need to consider many issues you may not normally consider. For example, a joint tenancy account passes the account to the survivor of the joint owners but what happens to that account if both joint owners die simultaneously? A surviving spouse might want to file a spousal property petition, but what happens if the house was inherited by the deceased spouse and is therefore the deceased spouse’s separate property?
Our experienced attorneys can help you explore potential strategies to avoid or streamline the probate process.
Contact Our San Mateo County Probate Attorneys
At Radiant Probate, our estate planning and probate attorneys serving San Mateo County have been assisting clients since 2011. We are well versed in California probate law and the often cumbersome court proceedings involved in this process. We also have extensive experience navigating will disputes and family conflicts over probate and trust administration, including those involving international decedents, lack of trust among beneficiaries and personal representatives, and other complicating factors.
Our attorneys provide comprehensive estate planning and probate law services. Contact us today at 650-493-9200 to request a consultation.
We're Here To Make It Easier For You