3 Ways to Avoid Probate Problems in California

Probate can be a long and drawn out process. Sadly, it can take months or sometimes years to get the probate sequence done and dusted. Probate may be the safest way to deal with assets but are there ways to avoid probate problems in California? How can you ensure that you aren’t left with the responsibility and stresses of probate being a huge issue for years to come?

We don’t want to scare you, but there can be serious repercussions if something in the probate process in California is not done correctly, so it is always best to do your research, but also to discuss probate with the professionals.

Working With a Probate Attorney Los Angeles

It makes sense to work with a local probate attorney in Los Angeles. When multiple states start to get involved, for instance, if you reside in another state, things can get a lot more complex. The best person to discuss all the nuances of probate with is someone who specializes in the state of California or specifically within LA. Whether you are just facing a few forms to complete or you think you might spend months dealing with probate courts, you need to deal with things in a professional way.

Avoiding Probate Problems

If you are in the process of probate then the best way to deal with problems is to have the best attorney behind you, supporting the process.

Luckily, there are scenarios where you will not have to deal with probate at all. It is important to know about these to avoid probate issues altogether.

Avoid Probate Due to Asset Values

If the value of everything within the deceased person’s estate is less than $166,250 then probate might be avoided altogether. This value is made up at the date of death. An attorney is still needed to divide the assets properly. On top of this, there is an affidavit and this means that 40 days after the death of the individual leaving their property behind will be a waiting period having signed this affidavit. The valuation of the assets needs to take place independently to avoid any fraudulent activities.

Avoid Probate Due to Spousal Law

A spouse or domestic partner can have assets transferred to them in a streamlined way and probate is not technically needed. There is a document called a Spousal or Domestic Partner Petition and this will involve going to probate court, but luckily it takes virtually no time and the process is incredibly easy for spouses. If you have lost your partner you do not need to worry too much about what happens to the property. In California, this process involves either the Riverside County Probate Court or can alternatively take place at the San Bernardino County Probate Court.

Avoid Probate Problems With Non-Probate Assets

Did you know that some assets do not need to go through a probate process. They can be processed immediately when the owner dies and don’t need a complex court procedure. Sometimes, people who are expecting to pass make use of these types of assets to ensure a quick and smooth distribution of their assets when they have died.

Some of the non-probate assets that may help you to avoid problems with probate include:

• Any proceeds that have come from life insurance as a result of the individual’s death.
• An account that has either a “payable on death” or “transfer on death” clause.
• Some property that has rights of survivorship written into contracts.
• Assets that are currently held within a trust.
• Some different forms of retirement accounts.

If these are the assets that will be inherited then there may be no need for probate whatsoever. This can come as a huge relief to families who want the process over as quickly and efficiently as possible.

Conclusion

There are no crafty ways to get out of the issue of probate, however, there are plenty of schemes to allow certain assets to be transferred more smoothly or certain recipients of these assets to have to deal with less trouble to get them. For instance, the laws that dictate that a spouse can inherit assets without them having to go into probate. Also, certain accounts or payable on death assets can also be transferred with no need for probate.

It is always a good idea to take the very best advice, do your research of course, but also get the best possible probate attorney to assist you all the way through. Even if it is a case of having to fill in forms correctly, the best attorneys in California will be able to help you to do this and ensure you have the best chance of a smooth transition of assets following the death of a loved one.