A funeral may be the time to say your final goodbyes to a loved one. But as far as the courts are concerned, there could be many more loose ends to tie up after someone's passing. Settling someone's estate is often a time-consuming and complicated process, which is why you'll need a probate attorney serving Santa Cruz, California to guide you through it.
Radiant Probate assists clients in Santa Cruz and the surrounding communities with probate administration. Founding attorney, Gadi Zohar, has extensive experience practicing in this area of law. His knowledge of California inheritance laws, trust administration, and executor duties provides peace of mind to Radiant Probate’s clients. Many estate planning and probate attorneys in California refer cases to Radiant Probate because of our extensive knowledge and experience with helping through the complicated probate process.
You don't have to go through this daunting process alone. Contact Radiant Probate for expert assistance regarding probate and estate law.
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.
Understanding the Probate Process
Learning that you've been nominated to act as the Executor of someone's will may be a surprise, especially when you hear what the probate process entails. Settling an estate takes time and involves the following steps:
Validating the will
A will must be validated by the probate court by either (1) confirming that the will was executed according to particular legal requirements, or (2) proving that a non-compliant will should still be admitted to probate.
Appointing an executor or administrator
The court will officially grant Letters Testamentary to the Executor (or Letters of Administration to the Administrator). This document is crucial in order to establish authority to manage the estate assets.
Inventorying the Estate
The decedent’s property (real estate, financial accounts, motor vehicles, etc.) must be listed in an Inventory and Appraisal and the court-appointed probate referee must appraise the assets. The I&A is essential for determination of capital gains taxes, and for beneficiaries to ascertain the fair market value of the assets.
Notifying and paying creditors
Inform creditors of the deceased's passing so they can collect outstanding debts from the estate. Pay any outstanding bills or taxes with funds from the estate. The Executor has legal obligations that could cause personal liability if known or reasonably ascertainable creditors are not properly notified.
Taxes, taxes, taxes
There may be several types of taxes that need to be settled out. If there is real property, then retroactive supplemental property tax assessments may be triggered and owed by the estate starting from the day the decedent died. The Executor must not only make sure the decedent’s income taxes have been paid up, not only for the year the decedent died but for previous years, if the decedent died with unsettled income tax liability. In many cases, especially where the stocks or a house are sold out of an estate, the estate may need to pay capital gains taxes. And in some cases, an estate may owe federal estate taxes. The Executor can be held personally responsible if taxes are not properly managed.
Distributing assets
Once the court has determined that the Executor has fulfilled their duties, the Executor can distribute the assets to the beneficiaries in accordance with the will (or in accordance with California intestacy law where there is no will).
The “long tail” of probate
It is common for an Executor/Administrator to reserve money at the end of the probate process for payment of the expenses of “winding down” the probate. There are many factors for determining how much should be reserved for this purpose. It can take as little as a month and as long as a year to wind down the estate. Hence the “long tail” of probate.
You could run into delays or challenges if someone contests the will or there is a creditor’s dispute. For example, a creditor may present a claim showing suspicious account activity after the decedent’s death. Disputes like this could add time to the probate procedures. An experienced Santa Cruz probate lawyer can manage these issues efficiently and ensure your compliance with the law.
How To Find a Reliable Santa Cruz County Probate Attorney
Why face the complicated legal process of settling an estate alone when you can have an attorney at no cost out of your pocket? Hire a Santa Cruz probate attorney to guide you through proceedings, answer questions, ensure your legal compliance, and aid with potential disputes. You'll likely need to work with a lawyer for about a year, so choose one who will provide the support you need.
Consider the following tips when researching local estate law firms:
- Ask for personal recommendations: Friends and family may be able to name law firms they've used for estate planning and similar legal matters.
- Read online testimonials: When personal recommendations aren't possible, online reviews may offer valuable insights. Look for positive testimonials from satisfied clients and steer clear of firms with poor reviews.
- Inquire about experience levels: You'll want an experienced attorney on your side. Ask how many years they've been practicing probate law. Note that probate law is not the same as estate planning law. Ask your attorney approximately how many probates they have seen through from start to finish. If they have not done at least 25 probates, they are not very experienced, because experience is the only meaningful way to learn how to navigate probates.
- Schedule a meeting: You may have a gut feeling about whether to hire a lawyer based on their personality and communication style. Schedule an initial consultation to meet and discuss your goals.
You can end your search for a Santa Cruz County probate attorney by contacting Radiant Probate today.
Contact Our Firm for Estate Administration Assistance
In California, the average probate process lasts between 12 and 18 months. You'll need a trustworthy lawyer on your side during this time. Approach the process with confidence thanks to Radiant Probate, where we don’t make you pay out of pocket for probate expenses.
Led by founding attorney, Gadi Zohar, Radiant Probate assists clients in Santa Cruz, Watsonville, Aptos, Capitola, and the surrounding areas. To meet with a Santa Cruz, CA probate attorney and discuss your options, contact us today at 650-493-9200.
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