Probate in California - Oxnard Probate Lawyer
According to the California Probate Code, any estate valued at more than $100,000 (including any assets solely owned by the deceased, but excluding any assets which pass directly to a surviving spouse) must go through probate before its heirs can receive anything they have inherited. Probate is designed to finalize the legal and financial affairs of the deceased and ensure that taxes and debts are paid from the estate before its contents are released. In California, probate typically lasts from six to twelve months.
When a will names an estate executor, this person holds the responsibility of ensuring that probate is completed, including attending probate hearings and overseeing the payment of taxes and other debts. They must also manage the estate and any of its assets while probate is in progress. Once probate is completed they are then responsible for distributing the contents of the estate to its heirs. If the will does not name an executor, a court-appointed administrator carries out these tasks.
Probate is often a long and somewhat complicated process, and an executor may have dozens of tasks to accomplish before it is completed. A probate lawyer is the ideal solution to this problem, particularly if the executor lives out of state, as probate must take place in the county in which the deceased lived. If the decedent resided in Oxnard, hiring an Oxnard probate lawyer will ensure that probate is completed as quickly as possible with little inconvenience to all parties involved.
In addition to controlling how probate is to proceed, the California Probate Code also provides a fees schedule. Adhering to this is not mandatory, but most probate attorneys will not charge any more than the Probate Code stipulates. The fees percentage decreases as the size of the estate increases; for a $100,000 estate the standard fee is $4,000, while for a $500,000 estate the fee is $13,000. If the estate is particularly complicated, the probate court may decide that additional fees should be paid.
An experienced Oxnard probate lawyer is able to handle most of the tasks required to complete the probate process, including the following:
1 Petitioning the Oxnard Superior County Court to begin probate
2 Filing all documents relating to probate
3 Attending probate hearings
4 Having the estate inventoried and appraised
5 Determining if any debts or taxes are owed and making provision for payment
6 Locating heirs of the estate
7 Petitioning the Oxnard Superior County Court to end probate
California Probate Law also stipulates that the tasks associated with probate must be completed according to a strict schedule. Because of this, hiring a probate lawyer is generally advised, as missing a probate deadline for any reason can delay the completion of the process beyond the typical six to twelve months.
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