Losing a loved one naturally brings about stress and grief. The loss becomes even more difficult when you have to go through the court-supervised and often cumbersome probate process. That's why you need an experienced probate attorney serving Santa Clara County to guide you through the process.
Radiant Probate is a leading probate and estate planning firm in Santa Clara County. Founding Attorney Gadi Zohar has extensive experience with the complex probate process throughout California. His goal is to streamline probate administration so you can settle an estate quickly, while adhering to legal and ethical requirements.
When Do You Need an Estate Planning or Probate Attorney in Santa Clara County?
If a resident of Santa Clara County dies with a will (but no trust) or no estate plan at all, in many cases their assets must go through the probate process. If there is a will, the Executor must follow the terms of the will, as well as relevant federal and state laws, as well as local rules of court. If there is no will, the Administrator must follow the California Probate Code for intestate succession, directing the individuals, like a surviving spouse, children or other relatives, who may inherit.
Even if someone creates a will, their assets may not go to the beneficiaries without the court signing off on the estate. A probate judge will need to officially settle the estate after the court receives and reviews the necessary documents. Only with a proper court order can the Executor of the will or Administrator of an intestate estate distribute the assets to the beneficiaries in accordance with the law.
What To Expect During the Probate Process
Settling an estate through probate court can be a lengthy and stressful ordeal. With a Santa Clara County probate attorney on your side, the process is not as cumbersome. And to top if off, personal representatives take on personal legal liability, adding to the stress. If someone has a will when they pass, California probate courts outline the following steps for settling their estate:
Validating the
will
The court must confirm that the will is valid by either (1) proving that the will was executed in accordance with legal formalities, or (2) proving that the will should be admitted despite not conforming with legal formalities.
Appointing an executor or administrator
The court must recognize one party (sometimes two co-administrators) to serve as the Executor or Administrator. The Executor receives a crucial document called “Letters Testamentary,” which authorizes the personal representative to act on behalf of the estate. This individual is responsible for all legally required tasks and distributing assets to beneficiaries.
Inventorying the
Estate
The sum of the decedent’s assets (real estate, accounts, cars, etc.) must be itemized in an Inventory and Appraisal and the court-appointed appraiser must appraise the assets. The I&A is crucial to determining tax liability, and for beneficiaries to see that the assets are being distributed or sold for a reasonable value.
Notifying creditors
One of the first things a Santa Clara County probate attorney will advise about is notifying creditors. The estate must stay open for a set period for creditors to collect debts. It is crucial that an Executor send out timely and appropriate notices to creditors in order to give a time limit for claims to be made.
Paying off debts and taxes
If the decedent's estate owes any money for bills or taxes, it's the Executor's job to pay them, on behalf of the estate. The Executor also has the right to refuse to pay unjust or unproven debts. Likewise, the Executor must pay taxes. Failure to pay debts and taxes properly could result in personal liability to an Executor or Administrator.
Distributing assets
Once the court has settled the estate, the Executor can carry out the decedent's final wishes and distribute the assets to the beneficiaries.
The “long tail”
Due to certain tax requirements or other considerations, it is common for an Executor to reserve some money at the end of the process in order to pay costs of “winding down” the estate. Sometimes “winding down” consists primarily of relatively low cost final expenses like court costs and filing a final income tax return for the estate. Other times a significant supplemental property tax assessment is expected, and a larger sum is reserved. It can take as little as 1 month and as long as a year for the winding down of the estate to conclude. This is why we call this period the “long tail” of the probate process.
The process typically takes between 12 and 18 months (with the “long tail” following this time period), although individual circumstances may vary. The total timeline typically depends on factors like the size and complexity of the estate, whether the decedent’s income taxes were up-to-date, and if there are any disputes among beneficiaries.
Work with Trusted Estate Planning Attorneys in Santa Clara County
The probate process can be a major source of stress for families after a loved one passes away. To help your family avoid these legal headaches, the estate planning attorneys in Santa Clara County at Radiant Probate & Estate, Inc. are here to help you plan ahead. By setting up a proper estate plan, which often includes a living trust, you can make sure your property passes directly to your heirs without the need for a long, expensive court process. Our friendly legal team will guide you through your options, from writing a simple will to setting up healthcare instructions, so you can have peace of mind knowing your family is taken care of. At Radiant Probate, we not only assist with probate administration but also with the creation of wills and trusts, powers of attorney, and other important estate planning documents.
How a Santa Clara County Probate Attorney Can Help
Becoming the Executor or Administrator of an estate often presents significant challenges. Most people are unfamiliar with the process and require guidance. At Radiant Probate, we are pleased to assist clients with this challenging process.
Our experts can answer questions and provide assistance to Executors and Administrators. Common areas of concern for our clients include:
- Selling certain assets, such as the deceased's San Jose home, during probate
- Complying with legal requirements like publishing the probate and notifying the relevant government agencies
- Paying debts to creditors from the estate
- Obtaining financing where the estate is bereft of cash and you don’t want to sell assets
- Filing the proper tax documents for income taxes, property taxes, estate taxes, and other potential tax obligations
- Appearing in court to represent the estate
Juggling these tasks, among others, is overwhelming to just about anyone who is not familiar with the probate process. Working with a Santa Clara County probate attorney helps take the guesswork out of the process. Legal professionals can thoroughly explain the process and the court's expectations, and provide personalized assistance over unique issues, such as beneficiary disputes or running a decedent’s business before it is distributed.
Contact Our Probate and Estate Planning Firm for Legal Assistance
You don't have to endure probate court alone. Let the professionals at Radiant Probate assist you with everything from will disputes to intestate succession and more. Our legal counsel aims to guide you through this complex process, enabling you to settle an estate and achieve some closure. Or come to us today in order to create your estate plan and avoid the need for probate.
Radiant Probate proudly serves communities throughout Santa Clara County, including Los Altos, San Jose, Palo Alto, Mountain View, and Los Gatos. Contact us today at 650-493-9200 to schedule a free consultation with a Santa Clara County probate attorney.
We're Here To Make It Easier For You