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Opening probate begins with identifying the proper probate court with jurisdiction. The decedent’s death certificate is then filed through that court, followed by lodging of the original of the will (if available) at the appropriate courthouse.
The court then appoints a personal representative to settle the estate. This person may have been named in the will as an executor. If the will does not specify an executor, the court will appoint a personal representative, which is likely to be a spouse or other beneficiary. In our probate cases, we ask that our client be appointed by the court as personal representative.
The personal representative takes inventory of the entire estate and assigns a value to the respective assets. During this process, the personal representative also takes possession and control of the estate’s property. Before taking control of the estate, the personal representative may need to hire an expert to accurately value the estate.
From here, the personal representative should apply for informal probate of the will. If approved (or there is no will), informal probate may proceed. However, if the will is contested, formal probate or litigation will ensue to determine whether the will is valid.
The personal representative notifies the decedent’s creditors of the probate process, and alerts them to the deadline to bring any claims against the estate. Public notice published in a newspaper may be sufficient, as is an actual notice sent to each creditor.
If there is a surviving spouse with a statutory right to support, the personal representative will distribute these payouts, which could include the homestead exemption, the elective share, and support allowances.
After paying the surviving spouse (if applicable) and creditors, the next obligation to be paid is estate taxes.
After the above three steps are completed and a petition for final distribution is approved by the court, the personal representative may distribute the remaining assets according to the instructions in the will or to heirs according to the law of intestate succession.
Probate can be more than just a legal formality; it can be a drawn-out, expensive, and public process that impacts both the estate and its beneficiaries. Understanding what is at stake helps illustrate why planning to minimize probate is often in a family’s best interest.
Avoiding probate helps reduce these risks, preserve the estate’s value, and make the transfer of assets to heirs faster, simpler, and more private.
Relatively small estates valued at $208,850 or less may avoid probate or use an expedited process, but larger estates typically require advance planning. One of the most effective strategies for avoiding probate is a living trust.
A living trust allows the person creating it to act as trustee and maintain control of their assets during their lifetime. Upon passing, a successor trustee assumes control, and the assets typically bypass probate. Living trusts can include real estate, vehicles, bank accounts, and stocks, making them a versatile tool for managing and distributing assets efficiently.
Other strategies can also help reduce the likelihood that assets go through probate, including payable-on-death (POD) or transfer-on-death (TOD) accounts, joint tenancy or community property with rights of survivorship, and lifetime gifts. Each of these approaches can be useful in certain situations, but they are generally more limited in scope compared with a living trust.
A Santa Clarita probate attorney at The Werner Law Firm can help you determine which strategy, or combination of strategies, best fits your situation.
California law does not require hiring a probate attorney, but the process can be complex, lengthy, and highly regulated. Even small estates involve strict deadlines, detailed filings, and numerous legal requirements. Mistakes can result in delays, additional costs, or personal liability for the estate’s representative.
Probate can be challenging for several reasons. Disputes may arise if beneficiaries contest a will or trust, or if documents are missing, outdated, or unclear. Assets without clear titles, out-of-state property, and creditors with claims can all complicate administration. In addition, taxes and other legal obligations must be handled correctly, or the estate may face penalties or extended court oversight.
Family disagreements or poor communication among heirs can further slow the process. Even when a will is clear, conflicts over asset distribution or estate management can create tension and delays. Because of these factors, probate is more than paperwork; it requires careful management and a strong understanding of California law to navigate successfully.
During probate, there are several critical areas where a probate lawyer can assist, helping personal representatives manage the legal, financial, and administrative responsibilities of the estate:
By guiding families through each stage of probate, a probate lawyer can reduce stress, avoid mistakes, and help ensure the estate is settled in a timely and legally sound manner.
With over 50 years of experience, our Santa Clarita probate attorneys have helped families across Southern California handle probate for estates of all sizes. In that time, we have developed a deep understanding of the process, allowing us to anticipate challenges and make sure each step is handled properly. Our goal is to make the process as straightforward as possible, so families can focus on their own priorities instead of paperwork and court filings.
Clear communication is a priority in everything we do. We keep clients informed throughout the process, answering questions, explaining each step, and providing guidance whenever it’s needed. By staying involved and accessible, we help families feel supported and confident that their estate matters are being handled thoroughly and accurately.
Probate in California can be lengthy. Most estates take over a year to settle, and more complex estates, such as those with disputes, multiple heirs, or out-of-state assets, can take longer. Small estates may qualify for an expedited process.
At The Werner Law Firm, our probate attorney fees are generally paid from the estate rather than out of pocket by the personal representative. This ensures that families do not face large upfront legal expenses. The total cost depends on the size and complexity of the estate, including factors such as the number of assets, creditor claims, and any disputes that may arise.
In addition to attorney fees, probate involves other expenses, including court filing fees, publication fees, and appraisal costs. Some of these may need to be advanced by the personal representative, but overall, a lawyer ensures that all costs are handled properly and in the correct order.
A will does not automatically avoid probate in California. Even with a clearly written will, the estate typically must go through probate so the court can validate the document, oversee the payment of debts and taxes, and ensure assets are distributed according to the decedent’s wishes.
A properly funded living trust can help bypass probate for the assets it holds, allowing them to pass directly to beneficiaries without court involvement. However, assets not included in the trust or with outdated beneficiary designations may still require probate, so careful planning is essential.
Yes. The Werner Law Firm serves Santa Clarita families out of our office located at 27433 Tourney Rd, Suite 200, Santa Clarita, CA 91355. We offer free initial telephone consultations to help you understand the probate process and what it means for your family.
If you have questions about a will or trust or need assistance navigating the complex probate landscape, contact The Werner Law Firm for help. Our law firm has 50 Years of experience helping families with estate planning and probate.
We provide free initial consultations, so please don’t hesitate to get in touch with us by booking a call now.
23 Corporate Plaza Dr., Suite 150
Newport Beach, California 92660
