An introduction from Probate Attorney Michael J. Young
California Probate Court Process
As if losing a family member or friend is not painful enough, the California probate court process can be complex and time-consuming. In addition to grief, people routinely face a complicated probate process. As a result, probate can overwhelm someone in mourning. In a nutshell, probate transfers the decedent’s assets to his or her intended beneficiaries and heirs.
During probate, you will confront numerous issues. These may include probate forms, heirs, publication, notice to creditors, taxes, court clerks, wills, probate petition, a notice of proposed action, and court orders. My goal is to guide clients through the probate process. I strive to make the experience as easy as possible. Thankfully, in most cases, you will not need to appear in court. This is because people do not contest most probate court cases. When necessary, I make court appearances on behalf of my clients.
Not all assets require a probate court proceeding
With proper estate planning, you may be able to skip probate altogether. In California, revocable living trusts emerge as the centerpiece in modern estate planning. If you properly transfer assets to your revocable living trust, we can transfer those assets to the named beneficiaries. This eliminates the need for probate. For instance, during your lifetime, transfer the title to your home. You can do so as an individual or to yourself, as a trustee, under your revocable living trust. After you die, the successor trustee would transfer the record title of the home to the beneficiaries.
Banks & Probate
Bank accounts with pay-on-death beneficiaries should not require a probate proceeding. When you set up a savings account, designate “pay on death beneficiaries.” Then, when you die, the beneficiaries you named will take your death certificate to the bank. Then, they will complete bank forms. Finally, the bank should transfer the account to the named beneficiaries.
When the court assesses the decedent’s assets requiring a probate court proceeding at less than $166,250, you may be able to skip probate proceedings and a court hearing. The California Small Estate Affidavit procedure is listed under probate code § 13100. This states that certain assets can be transferred to the intended beneficiaries without a court order. Your probate attorney can help you use this affidavit.
Joint Tenancy
Assets held in “Joint Tenancy” should not require a probate. For instance, the title can be held by two individuals “as joint tenants.” Under California law, when one of the joint tenants dies, the surviving joint tenant owns the asset alone. And a probate court proceeding will not be required. When the surviving joint tenant dies, without further planning regarding the asset, a probate court proceeding may be required to transfer the asset to the owner’s beneficiaries or heirs.
About Walnut Creek Probate Attorney Michael J. Young
Michael J. Young is an experienced elder law, estate planning and asset protection planning attorney in Walnut Creek, CA. Mr. Young advises his clients regarding their estate planning needs with an emphasis on asset protection, Medi-Cal qualification, and preservation of assets for various levels of their care as they get older. His journey into elder law began when his mother suffered from an acute injury that required her to be in a skilled nursing facility. Call to schedule a consultation (925) 256-0298. Michael J. Young is also hosting virtual estate planning meetings, to review eldercare options and ensure asset protection.