Probate in California - Santa Barbara Probate Lawyer
Probate is a legal procedure that finalizes a deceased person's financial and legal affairs. This process can take a very long time-depending on the size and complexity of the estate, anywhere from 30 days to several years is possible. The average probate lasts between six months and a year.
In all California counties, including Santa Barbara, probate is required for estates worth more than $100,000. However, this figure only includes assets that were owned solely by the decedent. Any assts held in trust or jointly owned are not included when determining the size of the estate.
If the decedent lived in Santa Barbara, probate hearings and proceedings will be carried out in the Santa Barbara Superior Court. Hiring a Santa Barbara probate lawyer who is familiar with California probate law is advised-the process of probate is generally too complicated and lengthy to be dealt with solely by the executor of the estate.
The person named in the will as the executor is responsible for ensuring that the probate process is completed. This includes preparing the estate for the process, and distributing the estate to its heirs after it is completed. The executor is also responsible for hiring a probate lawyer.
What does a Santa Barbara County Probate Attorney Charge for formal probate?
An executor has a number of responsibilities that must be carried out before, during and after probate. In addition to distributing assets after probate is completed, they must prepare the estate for probate by filing documents relating to the will, filing an estate inventory, having the assets of the estate appraised, and ensuring that debts and taxes are paid. During the probate period, creditors of the decedent can make claims on the estate, and the amount of taxes owing is calculated and set aside for payment.
The executor need not carry out all of this alone, and in fact it's a good idea not to, as these are all complicated and time-consuming processes. Hiring a probate lawyer is the best way of ensuring that probate is completed in the minimum amount of time.
If the deceased lived in Santa Barbara, the probate lawyer will begin by filing a probate petition at the Santa Barbara Superior County Court. The petition names the deceased, the executor and heirs of the will, and the assets it contains. Once probate begins, the probate lawyer must attend hearings and ensure that all deadlines for the process are met, and that no mistakes are made in any of the procedures required for probate to be completed. Any error or missed deadline can delay the completion of probate significantly, and hiring a Santa Barbara probate lawyer will ensure that delays do not occur.
Probate Articles for California Cities
Probate Articles for California Counties
Looking For A Probate Lawyer In Your State?
