Probate Lawyer Carlsbad, CA
Our probate lawyer Carlsbad, CA residents recommend, has witnessed firsthand the impact on a family when their loved one has passed away without a will or estate plan in place. This is called dying intestate and results in much confusion, increased familial tension, stress, and even litigation during what is sure to be an incredibly difficult time for all. At Kamper & Estrada, PLLC, our experience, and support can assist you and your family no matter where you are at in the process. Whether you are developing your estate plan and would like to minimize assets that must pass through probate, or you are an executor, our team can help you. We know that you will have many questions regarding the probate process, including:
What happens when a person passes away without a will or estate plan in place?
When someone passes away intestate, they have died without a will in place. In situations like this, the laws of intestate succession will take effect. This means assets are distributed to heirs according to state law. When there is no will, the probate court will identify an executor who will determine how assets are distributed to heirs.
Who should take the lead with managing the probate process for an estate?
Our Carlsbad, CA probate lawyer shares that when a person passes away, an executor is typically identified to manage the estate’s resolution for someone who has passed away. If there is no executor, the probate court will appoint an executor responsible for this great task.
Is it possible to avoid the probate process altogether?
Typically, any assets owned by the decedent without a named beneficiary may be required to pass through probate. When a person dies without a will, it may not be uncommon for much of the estate to pass through probate. This is a primary reason to consider estate planning long before the time comes. A lawyer can assist with reviewing the estate and taking steps to help mitigate the assets required to pass through probate. Some of the ways that probate can be avoided is to:
- Consider titling property with Rights of Survivorship, allowing each party to own an equal interest in the property.
- Designate beneficiaries and make as many accounts and assets payable on death or transfer on death as possible.
- Consider whether developing a trust is in your best interest.
How long does it take to complete the probate process?
The length of time that it takes to complete the probate process can vary depending on: the size of the estate, the assets that need to pass through probate, whether there was a will and estate plan in place, and whether the will is contested by anyone or familial conflict results in litigation. Typically probate should take about 6-8 months.
Kamper & Estrada, PLLC are experienced lawyers prepared to take on your case and represent you in the way you deserve. We will start by reviewing your specific situation and providing you with legal recommendations for how best to move forward. Whether you are developing your estate plan or managing the probate process, our team is prepared to help you see your case through. Start today by contacting our Carlsbad, California probate lawyer, to schedule an appointment.