How to Probate a Loved One’s Estate? Glendale Wills & Trusts Attorney

How to Probate a Loved One’s Estate? Glendale Wills & Trusts Attorney


Hi everybody my name is Armine Bazikyan from Bazikyan Law Group and I practice exclusively in estate planning trust and probate administration as well as asset protection planning and this month’s video i wanted to address the question of what happens or how do you probate someone’s estate when they’ve passed away and it’s a complicated question but i will try to a give a thorough outline of exactly what happened and what you can expect during the probate process so before we begin I want to tell you what probate is. Probate is a very lengthy legal process that happens when somebody passes away and it’s the process that needs to be done or somebody needs to go through before they can actually inherit assets from a loved one. And so in California there are several factors that determine whether or not someone’s estate needs to go through that probate process. And for this video I’m going to be using John as an example. So, if John passes away and he had a will in place his estate will go through this probate process. If John passed away and he had no will in place similarly his estate is going to go through this probate process. So in both those scenarios he will go through the probate process. There are of course estate planning techniques that we can utilize to avoid the probate process completely which is the ideal situation and which is what John should have done but let’s assume for our example that he did not do an estate plan or if he did it was just a simple Will. So his estate will go through this probate process. And in California as i mentioned at the very lengthy process. It lasts anywhere from a year to about two years currently. It is a very expensive process as well for an average of state of about five hundred thousand dollars you’re looking at about 16 or 17 thousand in attorneys fees. So add to that a couple thousand in bond filing fees and court costs and it’s a very hefty bill to pay unnecessarily when you could have avoided it. So it’s very expensive and it’s a very public process all your information is basically made public through the court system so you know you’re nosy neighbor can go to the court and find out exactly what you had by way of assets and what you wrote in your Will which not a lot of people like. So probate is the process that we want to avoid, but if you cannot avoid it and you have to probate a loved one’s estate then you need to make sure that it’s done correctly. So what the process entails is you petition the court to open up a probate case and the court will appoint an individual to be in charge…. to be the administrator of the estate and so you’ll go through a series of steps to satisfy the court’s requirements. You’ll provide notice there may be a requirement for bond but once you have been established as the person that is in charge of you know John’s estate, for example, then his loved ones will go through a series of steps throughout the probate process. Some of these steps include giving notice to creditors… some of them include liquidating assets so there’s different things that could happen throughout the probate process. In the end the person that’s in charge of John’s estate would petition the court and ask the court to give them permission to actually distribute things to the loved ones. And so this is kind of the final stage of the process and so once the court actually looks into the case and is satisfied that John’s estate has been thoroughly probated and all the legal requirements have been followed then the court will actually give a permission to the administrator to distribute assets to the people that are going to be inheriting John’s estate and even that is a process. It has to be done correctly there’s certain receipts that need to be made. So the probate process is exactly what it is– a Process. It’s a very lengthy process and it’s actually a very complicated system to actually navigate through. So my advice to all of you that are watching is if you have a loved one that’s passed away and a probate needs to be opened then I definitely recommend contacting our office consult with us we have free consultations that we offer and we can definitely assist you in this complex process. It definitely requires a strategic knowledge of the probate code to be able to make sure that you have probated the estate in the most cost-efficient manner and in the fastest possible way Otherwise, there’s a likelihood that your probate cases just going to get stuck in the court system and you’re going to be just going back and forth of the court and no results are going to be coming out. So feel free to contact our office. We do offer those free consultation so take advantage of it. If you believe that this video was helpful and you think that it might be helpful for some other people that you might know feel free to share it and we will see you next month for our next video, Bye!

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