California Probate Terms - Probate Lawyers California

Estate planning may be one of the most important things that you can do for your children. By consulting with a probate lawyer, California residents can

1. reduce the taxes that will be due upon their estates;
2. ensure that their property is handed on to their heirs according to their wishes;
3. choose the person or persons who will make medical and financial decisions if they are unable to make their own; and
5. except all or part of their estates from probate, ensuring that it is transferred more quickly and efficiently.

If you haven't considered estate planning because you think that there's plenty of time, or because you think that your estate is too small to worry about, you should still consult a probate lawyer. California law states that any estate valued at over $100,000 are subject to probate. In some cases, even estates valued at between $20,000 and $100,000 may be subject to a form of probate.

The probate process can be lengthy and expensive. It consists of several different parts, many of them with time lines set by law. For instance, while an interested party must file a Petition for Appointment with the California Probate Court within thirty days of knowledge of death, the court hearing date may be several weeks after the filing. Once the petition has been filed, the person filing must post public notification of the petition three times, as well as contact all heirs mentioned in the will and all possible heirs by law. In many cases, that may mean locating possible heirs before they can be notified. The notification and publication is very important, though, since any heirs and creditors must be given a chance to file claims against the estate.

These filings do not have to be done by a probate lawyer. California probate law allows any 'interested party' to make the filing. Once the Petition is filed and notifications are made, a hearing will be scheduled. At the hearing, a judge will examine any will presented to determine if it is a valid instrument, and if it conforms to the requirements of the law. The best way to ensure that a will is accepted as written is to consult an experienced California probate attorney for directions and advice.

When you schedule an appointment with a probate attorney, make a list of questions to ask in advance and bring them with you. In addition to drawing up your will, your probate lawyer can answer any questions that you have about trusts, estate planning and power of attorney. Need more information on Probate Lawyers in California?

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