Do I Need a Probate Attorney? Here's How to Know
Did you recently lose a loved one? Or maybe you’re here to figure out the next steps when a family member passes away. As grim as it might seem, knowing what to do after the death of a loved one is important.
At Yu & Yu, we’ve assisted numerous families in California with navigating probate during one of the most sensitive times in their lives. Here, we’ll explain what probate is, when a probate attorney is (and isn’t) necessary, and how a legal professional can be of aid during this stressful situation.
What is Probate
Probate is the legal process that occurs after a person passes away. The intent of this process is to ensure the debts and taxes of the deceased individual have been paid and that their assets are properly distributed. Probate is usually required when someone passes away without a will or trust.
In California, there are two main types of probate:
Formal Probate
This court-supervised process is ideal for larger estates or when more complex steps are involved. However, formal probate typically costs more and is a longer process due to the complexities at hand.
Simplified Probate
Also called summary probate, simplified probate is more suitable for smaller estates with fewer complexities. They necessitate less court involvement, are faster, and cost less. However, they have certain eligibility criteria.
The type of probate chosen typically depends on the structure and size of the estate.
When a Probate Attorney May Not Be Necessary
While legal help can be useful when navigating probate, it’s not always necessary.
Here are some situations that may deem it unnecessary to use a probate attorney:
The Estate is Small
The smaller the estate, the easier it will be to process. If the estate is under a certain threshold, the deceased individual’s assets may be distributed via a Small Estate Affidavit instead of going through a formal court process.
There’s a Living Trust
A successor trustee will be able to distribute assets without court approval if the deceased person had a revocable living trust in place.
Assets Were Assigned Beneficiaries
Certain assets can pass without probate in the state of California. This includes retirement accounts, life insurance policies, bank accounts with payable-on-death designations, and real estate with joint tenancy.
Probate may not be necessary if the majority of the deceased person’s assets fall into the latter categories.
There Aren’t Any Family Disputes or Debts
If there’s no disagreement among heirs and few, if any, debts the estate owes, an attorney may not be needed. Although, it doesn’t hurt to touch base with one to ensure everything’s on track.
When You’ll Need a Probate Attorney
There are certain situations where it may be wise to seek the help of a probate attorney. California doesn’t require you to get legal support; however, it can protect you from being held liable, prevent unnecessary delays, and safeguard your finances.
Below are some circumstances where hiring a probate attorney would be a good idea:
The Estate is Large or Complex
A probate attorney can be especially helpful when the estate is large, has multiple asset types, or has complex assets like private investments or business interests.
The Will is Being Disputed
Hire an attorney immediately if the will is being contested or there are allegations of fraud or lack of capacity. These disputes can quickly become expensive, time-consuming, and downright messy. The right probate attorney will help protect assets and the beneficiary’s interests during the dispute.
The Executor is Confused by the Process
Were you named the executor of an estate but aren’t sure what to do? Or maybe you’re worried about the personal liability of this title from having to file court documents accurately and on time to being responsible for properly valuing and distributing all assets.
Being an executor is a big job. An attorney can help minimize your job duties and liabilities, making the process more seamless for you.
There are Taxes or Debts Owed by the Estate
Resolving the debts or taxes of an estate isn’t always the simple process one may hope for. Whether it be mortgage debt, medical bills, or other owed expenses, a lawyer can ensure these are taken care of correctly.
Assets or Heirs are Out of State
Multi-state filings can be done smoothly with a probate attorney, whether your loved one’s property is owned in another state or the heirs are located in multiple states.
How a Probate Attorney Can Help
Probate attorneys are more than legal advisors. They’re skilled at helping grieving families manage probate proceedings quickly, with fewer mistakes and less stress.
At Yu & Yu, we can handle a wide range of tasks, from guiding you through the probate timeline and filing court documents on your behalf to managing family disputes and assisting with the valuation of assets.
You deserve all the time you need to heal during this turbulent time, so allow us to handle the legal aspects.
Going at it Alone is Risky
While you may not always need a probate attorney, there are still risks attached to handling probate without legal assistance.
Here are some potential mishaps that could happen when going through probate without an attorney:
Missed deadlines
Over or underpaying taxes or debts
Improperly valued or distributed property
Failure to properly notify heirs or creditors
Personal liability for mistakes
Working with a probate attorney can help you avoid being held liable for errors and prevent delays.
Why Choose Yu & Yu?
We know how overwhelming it can be to deal with probate. And if it’s your first time navigating the process, handling probate can seem nearly impossible, especially during a time of grieving.
At Yu & Yu, we make navigating the process of probate smooth sailing. Our knowledgeable legal experts emphasize an efficient process of settling your loved one’s estate, even when their estate presents complexities.
Here’s what we bring to the table:
Compassionate Support: We empathize with your situation. Our warm, approachable demeanor helps make probate easier to manage. Our clients deserve support that is friendly and flexible based on their emotional needs.
Personalized Attention: No two estates are the same. With different-sized estates with certain elements that make them unique, along with varying family dynamics, we customize our assistance based on your specific situation.
Years of Experience: We’re not new to the probate process. With over a decade of combined experience, we’ve dealt with many complex probate situations and helped clients across several countries.
Clear Communication: Legal terms and processes can be confusing. And with many of our clients being completely new to probate, we make sure to communicate in a way that’s easy to understand. We don’t want you to be left feeling confused or blindsided.
Transparent Pricing: Especially when navigating the loss of a loved one, nobody should have to feel cheated out of money. We keep our pricing transparent, so you’ll know what to expect and can be prepared. No hidden fees or random upcharges.
Our legal team can work with you whether your loved one has trust, will, or neither. We’ll work our magic to ensure their wishes are properly carried out and your obligations are handled correctly.
Schedule a Free Consultation
Still wondering, "Do I need a probate attorney?" We’re happy to talk it through with you.
Call (213) 835-0300 or schedule your free initial consultation. We’ll review your situation and help you determine the best next steps—no pressure, just answers.