Probate

Probate can be a confusing, stressful process, but it doesn't have to be. The advice of an experienced attorney can go a long way toward avoiding the pitfalls and delays that come from mistakes made during the probate process.

Jorgensen, esq. is familiar with local court probate procedures in Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Solano counties.

Save time, money, and worry by booking a free consultation today.

Types of Probate

Small Estate

For estates worth less than $166,250 at the time of death, it is not necessary to go to probate court. The nearest of kin may sign an affidavit under penalty of perjury to claim and distribute the decedent's property.

Intestate

When a decedent dies without a will or trust, California's intestate law is applied to determine who gets the decedent's property. This process involves asking a court for permission to receive the decedent's assets and distribute them to heirs. Creditors must also be paid. A court must approve distributions.

Testate

When a decedent has written a will, the will is typically honored, but a court will require that all heirs and beneficiaries are given the opportunity to challenge the will if they believe it to be fraudulent. The will names an executor to manage the estate and beneficiaries who will receive the assets. A court must approve distributions.

Contested

Some heirs or beneficiaries may believe that there is an issue with the will or that the estate is being managed poorly. This can lead to extended and costly litigation.

Jorgensen, esq. takes great measures to avoid this outcome.

Steps in the (Typical) Probate Process

Lodge Will With Court

You must send the original signed will to the local county courthouse within 30 days of the decedent's passing. The court will keep it securely and make it available for examination in the case that there are questions about the validity.

File for Court Appointment

File a petition with the local county court to receive authority to manage the estate. Financial institutions will require court signed documents in order to access the decedent's accounts.

Send Notice

Notice of the appointment hearing must be published in the newspaper and delivered to all heirs and people listed in the will to ensure all potential beneficiaries and creditors are aware of the proceedings.

Appointment Hearing

The court will provide the opportunity for people to appear at the hearing and object to the request for appointment. They will also ask for correction of any errors in the paperwork. If there are no issues, the court will appoint the administrator of the estate and sign the necessary documents.

Set Up Estate Account

Create a separate bank account to hold estate funds so they can be managed and accounted for independently.

Gather & Inventory Assets

Use the court-signed documents to access decedent's accounts and retitle property. Keep track of any changes in value beginning on the date of decedent's passing. The court will ask for an inventory.

Pay Off Debts

The decedent's creditors have the opportunity to make claims against the estate. Valid claims must be paid before distributions are made.

Report to Court

Inform the court when the estate is ready for final distribution. Provide an accounting of estate activities and a proposal of how assets will be distributed. The court will likely hold a hearing to give the opportunity for objections.