Probate Brochure

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A Quick Guide to Probate
Making Difficult Times Simple
Elder Law Services of California, APC
A Professional Law Corporation
800-403-6078
www. Elderlawcalifornia.com
Se habla espanol.

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What You Should Know About Probate
You’ve just lost a loved one and there millions of details to consider. You keep hearing the word, “probate”. What does it mean? And how does it affect you? The answers to these questions and others are in this brochure.
What is probate?
• It’s a legal process that ensures the belongings of the decedent are distributed according to their wishes and that all monies owed to the government or to creditors are paid in full.
Who initiates this process?
• The executor or administrator of the will is responsible for initiating the probate process and for retaining an attorney. If there is no will the probate court will generally name a close relative to take on this responsibility.

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What happens during the probate process?
• A representative either the executor named in the will or an individual named by the probate court will be appointed to disperse the real and personal property. This individual also collects debts owed to the deceased.
• The will is validated by the probate court.
• If there is no will, then the probate court designates a legal heirs (usually a close relative).
• A list of assets from the estate are presented to the probate court.
• Beneficiaries named in the will are notified that the probate processes is taking place.
• Creditors are notified of the proceedings so they can file a claim for any debt owed to them.
• State and federal taxes are paid from the estate.
• Title to any of decedent’s property, such as real estate, bonds and stocks, is cleared so that it can be passed onto beneficiaries or sold.

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What is not subject to probate?
• Jointly held property. The property automatically passes on to the surviving owners. However, this only delays probate until the owner dies.
• Non-taxable gifts made during the deceased’s lifetime that do not exceed $11,000.
How long will the probate process take?
• The probate process can take anywhere from 6 to 18 months depending on the size of the estate.
When will our family receive the property?
When all the probate paperwork has been approved by the court, taxes have been paid, creditors’ debts have been satisfied and title to real estate, stocks and bonds have been cleared. The court will enter an order of distribution allowing assets to be transferred and checks to be written.
When is probate not necessary?
• When property is jointly owned
• When the estate of the deceased is valued at less than an amount set by the state

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Do I need an attorney?
Retaining a lawyer to help you through the probate process is recommended as each state has its own probate practices. The legal experts at Elder Law Offices can help you with this and any other legal needs you may have. Our experienced and caring staff can assist you in painlessly wrapping up your loved one’s estate and making certain that the property is distributed according to their wishes.

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Elder Law Services of California, APC
A Professional Law Corporation
Our Commitment…
At Elder Law Services, we are committed to providing the best legal representation at affordable prices. Our experienced team of professionals are the very best in the business and will represent your interest with integrity, competency and service excellence—closing probate and distributing assets as quickly as possible.
Conveniently located in:
Southern California Northern California
Corona San Diego Sacramento San Jose
Fountain Valley Santa Barbara
Long Beach Simi Valley
Los Angeles Valencia
Orange County Ventura
Free Consultation
Call Toll Free 800-403-6078
www.elderlawcalifornia.com
Home Consultations Available
Se habla espanol.