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Guidance And Support Through The Probate Process
Very few people are familiar with the Probate process, so it often becomes a very stressful chore that is made more difficult by also dealing with the grief surrounding the loss of a loved one. Most people who are named executors of a Will will only go through the probate process once in their life. As if that were not enough, this long and complex process is even more difficult if your loved one did not have a Will. At Bauer & Shekerlian Law, we understand the stress and anxiety that comes with being named the executor of a Will and administering an estate with no Will. We offer two services; we can educate you on the process, help you navigate through the process, and stay by your side every step of the way, or we can complete the process with little input from you.
One or No Hearing Probate
Did you know that sometimes, even if a bank or institution tells you that you have to go through probate, there are ways to get to the assets without any court hearings. Sometimes it can be as simple as creating a 2-page document and having it notarized. Other times, it could be as simple as filing a special petition with the court that, if done properly, will be approved without any hearing at all.
If neither of those options work, then we have one more special method we can use. If your deceased loved one had a trust, but for whatever reason the trust did not control certain assets, and those assets have to go to probate, then we can still avoid a full probate. We can file a special petition with the court, give the proper notices, and then have one hearing in front of a judge. Once that is done, you will have access to the assets without going through probate. This method is more expensive and a bit more time-consuming than then the methods above, but it is significantly quicker and cheaper than a full probate.
The last option is a probate. Whenever someone dies and none of the above methods work, then the transferring of the deceased individuals’ assets can only be done through a legal proceeding called probate. In the simplest terms, probate is the court-supervised process of taking care of the finances of someone who has passed away, and distributing the assets to their beneficiaries. During the probate, the representative of the estate will have to make several appearances and try to convince the judge what is best for the beneficiaries. This can be a very difficult task as many critical notices and deadlines have to be followed, otherwise the time and cost will increase.
Unfortunately, with our court’s budget being so low, the baby boomer generation starting to pass away, and the courts still back logged from COVID shutdowns, means this process will typically takes between six months and two years to complete. Other situations can extend this time to taking multiple years, such as a pandemic, natural disaster, fighting among heirs, and improper filing of documents. This means that no one can transfer any money or assets, even if you have a buyer ready to go, for months. Even worse is that a probate commonly costs the heirs tens of thousands to hundreds of thousands of dollars. We can help reduce the risk of any delays and expedite the process to save you money.
Having a trust is essential to avoid this time-consuming and costly legal proceeding; however, if you are left in a position where you know someone who died without a trust, we can make this process much easier on you. By hiring us, we will ensure that the process is as quick as possible, and you will avoid having to do many days’ worth of research, and you will save many sleepless nights worrying that you are doing everything correctly. California law even allows us to appear at every hearing on your behalf so that you do not have to miss work to appear on your own.
Yes, attorney fees for probate can vary widely depending on several factors such as the complexity of the estate, the size of the estate, the location, The range, from $800 to $6,000, is indeed a common range for attorney fees for probate proceedings. However, it's important to note that this is a general estimate, and the actual fees can be higher or lower depending on the specific circumstances of the case. Please contact us to get an accurate estimate of the expected fees for your particular probate matter.
For Guidance Through Probate, Contact Bauer & Shekerlian Law
At Bauer & Shekerlian Law, we have been helping Californians navigate the probate process for two generations. If you have been named an executor, or know someone who died without a Will or trust, then call us immediately at (949) 233-2894 or fill out our online contact form to schedule an initial consultation.