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Probate Administration

Secure your estate and assets and let your voice be heard.  Our Probate Administration services can protect your legacy and guide your loved ones through complex and emotional procedures.

Probate Administration is a court-supervised administration of an estate. It often occurs when the deceased does not have all the appropriate documents in place to secure their assets (i.e. living trust or pay on death account designations, among others), dies with just a Will, or dies intestate (without a will), or a dies with a Will which is simply not sufficient to meet their needs. It is a court process to transfer assets to the appropriate heirs and resolve debts.  Without the proper guidance, it can be a long, complex, and expensive process, with many participants involved and various levels of emotions.

JV Law Offices understands how overwhelming probate law and the legal process can be.  Our firm provides services to navigate the court system and to ease your loved ones through this difficult time.  We ensure that all important steps are taken and every requirement is met, starting with the initial filing of a petition for probate and facing every challenge moving forward.  Dealing with grief and settling a loved one’s estate is emotional and can be overwhelming.  Let us help your loved ones maneuver their way through the probate process.  We are a guide, but more importantly, a trusted friend providing strength and representing your wishes.  Let a wills and probate lawyer like JV Law Offices stand with you!

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Simplified Probate Procedures

Did you know, California has simplified probate procedures for some estates that want to avoid probate court?  Curious if you qualify?  Contact JV Law Offices to learn more.  Every estate is unique, and some may require additional steps or legal procedures.  Let us help you determine which course is appropriate for your estate and represent you in every step of the process.  You are never alone when you work with JV Law Offices.

Notary's public pen and stamp on testament and last will.

Simplified Probate Procedures

Did you know, California has simplified probate procedures for some estates that want to avoid probate court?  Curious if you qualify?  Contact JV Law Offices to learn more.  Every estate is unique, and some may require additional steps or legal procedures.  Let us help you determine which course is appropriate for your estate and represent you in every step of the process.  You are never alone when you work with JV Law Offices.

Probate Administration FAQs

Understanding probate and the court administration of your loved one’s estate can be overwhelming.  JV Law Offices believes in empowering our clients through education.  Knowledge is powerful.  It provides reassurance and the energy necessary to navigate the many facets of the probate administration process.  Please explore some of the most common FAQs below:

The costs of probate can be quite extensive.  They may include appraisal costs, the cost of the surety bond, the executor’s fees and court filing fees, among others.  Probate costs are roughly between 4% to 7% of the total value of the estate but can be higher.  Additionally, California law allows that both a Personal Representative and the attorney for a Personal Representative receive compensation for their services through a percentage of the estate set by state law.  As such, the probate process is often quite costly.  Learn more at JV Law Offices.  We’ll represent you and keep costs to a minimum by effectively navigating the complex realm of probate administration.

No.  Not all assets are subject to the authority of the probate court.  These include, but are not limited to, assets below a certain amount (which can be transferred via a Small Estate Affidavit), IRA’s (which can be immediately transferred to the beneficiary), and bank accounts that are set up as pay-on-death accounts (PODs).  For a full list of assets that are not subject to probate and to learn more about the process for your estate, please contact our offices and set up your consultation!

Under California law, a Personal Representative/Administrator must complete probate within one year from the date of appointment, unless a federal estate tax is filed.  The Federal estate tax allows for 18 months to complete the probate process.  It’s important to note that although probate must be completed within 12 to 18 months, there may be circumstances that cause the probate process to last a lot longer.  To learn more about the obstacles that can delay probate and to assess your estate, please contact JV Law Offices.  We are your friend, guiding you through the complex web of Probate Administration.

In the event of a Will, the individual named as the Executor will often oversee the probate process and will be appointed to serve as the Personal Representative to the estate.  If a Will does not exist, or an executor is not named within the Will or relinquishes their responsibility, the probate court will appoint an individual to handle the probate process (known as the Administrator).  Often it is the closest living relative or a person who will inherit a portion of the estate.  For more information on probate procedures, contact our offices today!

The Personal Representative / Administrator oversees the filing of the initial probate petition and takes every step necessary to settle the decedent’s estate.  This includes, but is not limited to, following court orders, paying debts, as well as appraising the estate.  For a full list of duties and to learn more about the Personal Representative/Administrator, contact JV Law Offices today!  We empower you and guide you through the probate process.

Although the court is not in charge of “supervising”, there are a variety of actions the Personal Representative / Administrator cannot do without the Court’s permission, such as sell real estate and/or a business interest owned by the estate or pay fees to themselves.  To learn more about the roles of the Personal Representative/Administrator, book your consultation with JV Law Offices today! Let us guide you through the probate administration process!

Yes.  In addition to your out-of-pocket expenses to manage and settle the estate, the Personal Representative / Administrator often earns a statutory fee of the probate estate.  Want to learn more?  Book your consultation today and empower yourself.

The court may lower or outright deny compensation, as well as replace the Personal Representative / Administrator.  Furthermore, the Personal Representative / Administrator can be obligated to pay damages caused to the estate.  They can be held liable for a variety of offenses, including improperly managing the assets of the estate and failing to collect claims and money due to the estate.  Want to know more.  Contact our offices today!

Let us reduce your stress and help you navigate the complex processes of probate. JV Law Offices…your probate attorney! Empower yourself and learn more today!

Download a copy of our Probate Administration Checklist

Dealing with your grief and settling your deceased loved one’s estate is not an easy task. Knowing key probate administration steps can help you settle your loved one’s estate. Contact us today for your consultation and to learn more!

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