California Probate Terms - California Probate Law

Probate is the term for the process of dealing with the financial and legal affairs of someone who has just died. The probate process can be complicated, time consuming and expensive - and its important to use the services of a probate attorney.

California Probate Law actually dates back to 1931 when the Code Commission established the legal guidelines. Over the last twenty five years or so, the probate law has been virtually rewritten by the introduction of various bills - most notably in 1990 with the recodification of chapter 79. And in 1969, a uniform probate code was proposed by the American Bar Association.

In California, the probate process occurs in the Superior Court of the county in which the deceased lived and the proceedings are overseen by a judge. Generally, the process is the same; however local rules may differ between counties - California probate laws can be numerous and often hard to understand.
The fees that an attorney may legally charge are determined by Section 10810 of the California Probate Code and are based on a percentage of the estate's value. For example, an estate valued at $100,000 may incur attorney fees of $4000. In California, a full probate is generally not necessary for an estate that's valued at less than $100,000.

Perhaps the most important figure in the entire legal process is the judge - the judge has the authority to decide any dispute between the executor and heirs. He or she also has the power to proceed with probate proceedings. Anybody can make a claim on the assets of the deceased - if this happens, the process can be delayed even further while these claims are addressed. The executor also plays an important part in the California probate process. This person is either named in the will or otherwise chosen by the court. Their responsibilities include listing assets, paying bills and creditors and generally managing the probated estate.

There are several circumstances under which the probate process can be avoided under California probate law. An asset that is owned through a living trust or owned by more than one person - known as joint tenancy - is not usually subject to probate. And if the deceased is survived by a spouse, he or she can file a spousal property petition to transfer the titles of any assets. Unfortunately, like any other legal process, probate in California can be complex and fraught with legal jargon. The services of an experienced probate attorney will help to simplify the process.

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