Probate Lawyer Fresno

Losing a family member is very difficult. It can become even more complex if your loved one had a large or complicated estate that is now in probate. All wills must go through probate, plus any disputes about the will or a trust.

Whether you have concerns about the validity of a will or trust your loved one left behind, or you’re worried about your inheritance, you need a probate attorney on your side. Our experienced team of probate lawyers can protect your rights during probate litigation, fighting for your rightful assets and property. We can also help you smooth out the probate process and ensure there are no surprises or delays when it comes to your loved one’s estate.

The Bains Law Office understands that the probate process can be overwhelming. We are here to guide you through the entire way, helping you navigate the legal side of things. To learn more about our services and receive a consultation about your case, call us today at 559-282-8924.

What is Probate?

Probate is the legal process that oversees the transfer of a deceased person’s assets and property. In most cases, the deceased has left behind a will that notes their final wishes and instructions for asset distribution. Many wills name beneficiaries and note the specific assets they will receive.

During probate, a judge will examine the validity of the will and all its instructions. If the will is deemed invalid or if there are vague instructions, those issues will be addressed during this time. Family members and beneficiaries can also bring up issues during probate or contest the will if they feel it is necessary.

If your loved one left a will behind, the document will name an executor, who must file the will with the probate court. The court will then name an individual to administer the deceased person’s estate before closing it.

If your loved one did not leave a will behind, they have died “intestate.” The court will appoint an administrator who is responsible for identifying heirs and settling debts and taxes before the estate can be closed.

When is Probate Required?

Probate is almost always required when the deceased person has left a will behind. If your loved one’s assets amount to more than $160,000, it is likely that their estate and their will must enter probate.

Probate is also required if there is no will or instructions left about your loved one’s estate. In this case, the probate court will appoint someone to close the estate and distribute assets.

Avoiding probate is a goal for many, as probate can force your loved ones to spend time and money after your death. If you’d like to avoid probate, our team may recommend creating a trust instead of leaving instructions in a will.

Many kinds of trusts do not have to go through probate, allowing your family members to receive their rightful assets much faster. To learn more about avoiding probate, contact our estate planning attorney today.

What Does an Estate Executor Do?

The probate process starts when the executor of the will files documentation with the probate court. After opening probate, the executor must complete the following duties:

Identify all assets in the estate
Appraise all assets in the estate
Open a bank account in the estate’s name
Resolve debts and creditor claims using funds from the estate
Pay taxes on behalf of the deceased
Determine rightful heirs of the estate
Compile records showing compliance with the probate process
File documents with the probate court to close the estate

If you have been named executor of an estate, completing your duties is essential. Our team can help you through the probate process to ensure you fulfill your legal duties.

How Long Does Probate Take in California?

In California, the probate process typically takes at least nine months. Large and complex estates could take even longer to resolve completely, typically from a year to a year and a half. If your loved one did not leave a will behind, probate will likely be longer.

If your loved one had a small estate and left a valid will behind, you may be able to avoid probate altogether. Avoiding probate allows you and your family members to receive their rightful assets much faster. Reach out to probate lawyers today if you believe you do not have to go through probate.

What Does a Probate Lawyer Do?

A probate attorney on our team can walk you through the entire probate process, helping you file paperwork and complete your duties to ensure there are no delays. Probate doesn’t always require a hearing in probate court; however, if yours does, we can represent you and answer questions on your behalf.

If you are a beneficiary and you have concerns about the will or how assets are distributed, a probate lawyer on our team can enter into probate litigation on your behalf. We can question the instructions in the will and determine if the document is legally valid.

We can also help you avoid will contests and even avoid probate matters altogether. If you are still creating your estate plan and want to make things easier on your family members after you pass, our team is here to help.

Should I Contact a Probate Attorney Fresno?

The probate process is lengthy and involves long wait times and extensive paperwork. Our team can handle the legalities of probate so you and your family can focus on being there for each other after the loss of a loved one. If you’d like to learn more about our services and what we can do for you, call The Bains Law Office at 559-282-8924 today.