In California, the probate process typically takes between 12 and 18 months. However, if complications arise during the process, probate can take up to two years or longer. Therefore, it’s imperative to enlist the services of an experienced California probate attorney to ensure that the process goes as smoothly and progresses as quickly as possible.
In many cases, the probate process can be avoided altogether with proper estate planning. However, when a person dies with only a last will and testament in place (or no will in place at all), probate is generally required. There is a simplified probate process available when the value of an estate is less than $166,250. In addition, probate may not be necessary if a decedent’s assets are attached to a beneficiary or surviving owner.
Probate assets in California include any real estate or personal property that a decedent owned in his or her name before passing. Nearly any type of asset can be considered a probate asset, including a car, a home, a boat, a vacation residence, or furniture. Probate assets can also include intangible assets such as money in a checking account or savings account, stocks, interest in a business, and similar items.
You can manage probate yourself in California. However, whether you should manage probate yourself is a different issue. To put it simply, although it’s possible to manage probate alone, it isn’t recommended. The California probate process is simply too complicated to try to handle without legal assistance. Therefore, it is highly recommended that you consult with an experienced California probate lawyer before embarking on the probate process.
A person who dies without first establishing a valid will is said to have died intestate. When a person dies intestate, his or her estate is passed to his or her heirs according to California’s laws of intestate succession, as described in the California Probate Code. The Court then supervises the transfer of the deceased person’s remaining assets and property through the probate process.