California Probate Attorneys and Lawyers
Los Angeles Superior Court - Probate Forms and self help information for California probate courts and to administer California probate estates.
California Probate Court Forms Packet - for self help probate, including probate forms for appointment of a California probate referee to administer a probate estate.
California Courts Self-Help Center - online access to information for California citizens to obtain self help through the courts of California, including probate information, conservatorship information, last wills and testaments, probate, trusts and estates information.
California Superior Courts - Locations for all Superior Courts throughout California, with contact information.
2. What is involved in estate planning?
4. What is included in my estate?
5. What is a last will and testament?
6. What is a revocable living trust?
7. What is California probate?
8. Can I name alternative beneficiaries?
9. Who should be the executor of my probate estate or trustee of my trust?
10. How should I provide for my minor children?
11. When does estate planning involve tax planning?
12. Does the way in which I hold title to assets or real property make a difference?
13. Are there ways of leaving property other than probate?
14. What happens if I become incapacitated and unable to care for myself?
15. Who should help me with my estate planning documents?
16. Should I beware of "promoters" of financial and estate planning services?
17. How much does estate planning cost?
18. How do I find a qualified probate attorney or estate planning lawyer?
Estate planning is a process. It involves people—your family, other individuals and, in many cases, charitable organizations of your choice. It also involves your assets (your property) and the various forms of ownership and title that those assets may take. And it addresses your future needs in case you ever become incapacitated or unable to care for yourself.
Through estate planning, you can determine:
How and by whom your estate assets will be managed for your benefit during your lifetime if you ever become incapacitated and unable to manage them yourself.
The purpose of this California estate planning and probate information is to summarize the estate planning process, and illustrate how it can help you meet your goals and objectives. You will discover that estate planning is a dynamic process. Just as people and assets and laws change, it may well be necessary to adjust your estate plan every so often to reflect those changes.
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2. What is involved in estate planning?
There are many issues to consider in creating an estate plan. First of all, ask yourself the following questions:
You do—whether your estate is large or small. Either way, you should designate someone to manage your assets (durable power of attorney, executor, or successor trustee) and make health care and personal care decisions for you (health care surrogate) if you ever become unable to do so for yourself. If your estate is small, you may simply focus on who will be the beneficiaries of your assets after your death, and who should manage your probate estate, pay your last debts and handle the distribution of your assets to your heirs or other beneficiaries.
If your estate is large, your California estate planning lawyer or wills and trust lawyer will also discuss various ways of preserving your assets for the beneficiaries of your estate and of reducing or postponing the amount of federal estate taxes and California estate taxes which otherwise might be payable after your death.
If you fail to plan ahead, a California probate judge will simply appoint someone to handle your California probate estate assets and personal care. And your California probate estate assets will be distributed to your heirs according to a set of rules under California law known as intestate succession.
Contrary to popular myth, everything does not automatically go to the state of California if you die without a last will and testament. Your relatives, no matter how remote, and, in some cases, the relatives of your spouse will have priority in inheritance of your probate estate ahead of the state of California.
Still, they may not be your choice of heirs; an estate plan gives you much greater control over who will inherit your assets after your death. (Back to the Top)
4. What is included in my estate?
All of your assets. This could include assets held in your name alone or jointly with others, assets such as bank accounts, real estate, stocks and bonds, and furniture, cars and jewelry.
Your estate assets may also include life insurance proceeds, retirement accounts and payments that are due to you (such as a tax refund, outstanding loan or inheritance).
The value of your estate is equal to the “fair market value” of all of your various types of property—after you have deducted your debts (your car loan, for example, and any mortgage on your home.)
The value of your estate is important in determining whether your estate will be subject to California estate taxes or federal estate taxes after your death (see #11) and whether your beneficiaries could later be subject to capital gains taxes. Ensuring that there will be sufficient resources, including cash liquidity (which can be provided by life insurance in an irrevocable life insurance trust) to pay such taxes is another important part of the estate planning process. (Back to the Top)
5. What is a last will and testament?
A last will and testament is a traditional legal document which:
Names individuals (or charitable organizations) who will receive your assets after your death, either by outright gift or in a testamentary trust.
7. What is probate in California?
Probate in California is a California probate court-supervised process for transferring a deceased person’s assets to the beneficiaries listed in his or her last will and testament. A will and probate go together. If you rely on a California will to transfer your assets at death, there will be a California probate of the will under the California law of probate.
When probating a will, typically, the executor named in your last will and testament would start the process after your death by filing a petition in California court of probate and seeking appointment as the executor of the probate estate pursuant to the California probate code. The petition for administration of your California probate estate under the California probate code is similar to a complaint filed in a lawsuit. Under California law, your executor's duties would include taking charge of your probate assets, paying your debts and, after receiving California probate court approval, distributing the rest of your probate estate to your beneficiaries.
If you were to die intestate (that is, with no will and testament), a relative or other interested person could start the California probate process.
There are many California probate court forms that must be filed with the probate courts during the probate of a will. These probate forms and other probate records in probate contribute to the cost of probate.
In such an instance, under the California law of probate, the California probate court would appoint an administrator to handle your probate estate in accordance with the California probate code. Personal representative is another term used in probate to describe the administrator or executor appointed to handle a California probate estate. The executor or personal representative must hire a California probate lawyer to represent him or her in the California court of probate to probate your California will. The California probate court may appoint your spouse for handling your probate estate if the total assets amount to less than $100,000. The California probate process has advantages and disadvantages.
The California courts of probate court are accustomed to resolving disputes in probate about the distribution of probate assets fairly quickly through the probate process with defined probate rules. In addition, the California probate court reviews the personal representative’s handling of each California probate estate, which can help protect the estate beneficiaries’ interests.
One disadvantage, however, is that the California law of probate provides that California probates are public probate records. Your estate plan and the value of your assets in probate will become a public record. Also, because California probate lawyer’s fees and executor’s commissions are based on a statutory probate fee schedule, a California probate may cost more than the management and distribution of a comparable estate under a revocable living trust.
How long does California probate take? Time can be a factor as well. A California probate proceeding generally takes longer in California probate court than the administration of a revocable living trust. Discuss such advantages and disadvantages with a California estate planning lawyer or wills and trusts attorney before making any decisions about avoiding probate. (Back to the Top)
8. Can I name alternative beneficiaries?
Yes. You should consider alternative beneficiaries in the event that your primary beneficiary does not survive you.
And if a beneficiary is too young or too disabled to handle an inheritance, you might consider setting up a testamentary trust for his or her benefit under your last will and testament or revocable living trust.
Once you have decided who should receive your assets, it is very important that you correctly identify those chosen individuals and charitable organizations in your last will and testament or revocable living trust. Proper drafting of such documents by qualified California estate planning lawyers or wills and trusts attorneys is important.
Many organizations have similar names and, in some families, individuals have similar or even identical names. A California estate planning lawyer can help you clarify and appropriately identify your beneficiaries. (Back to the Top)
9. Who should be my executor or trustee?
10. How should I provide for my minor children?
11. When does estate planning involve tax planning?
12. Does the way in which I hold title make a difference?
13. Are there other ways of leaving property?
14. What happens if I become unable to care for myself?
You can help determine what will happen by making your own arrangements in advance. Through proper estate planning, you can choose those who will care for you and your estate if you ever become unable to do so for yourself. Just make sure that your choices are documented in writing.15. Who should help me with my estate planning documents?
16. Should I beware of "promoters" of financial and estate planning services?
Yes. There are many who call themselves “trust specialists,” “certified planners” or other titles that suggest the person has received advanced training in estate planning.
17. How much does estate planning cost?
18. How do I find a qualified California estate planning lawyer or attorney?
If you do not know a California estate planning lawyer or attorney who is qualified to help you with your estate plan, ask someone whose judgment you can trust—a friend or employer, for example.
Or check the Yellow Pages of your telephone directory for listings under “Attorney Referral Service.”
Most of these services offer half-hour consultations for a modest legal fee. California estate planning Attorneys who are members of certified lawyer referral services must carry insurance, agree to fee arbitration for fee disputes, meet standards of legal experience and be California State Bar members in good standing.
If you do decide to hire a California estate planning lawyer or attorney, make sure that you understand what you will be paying for, how much it will cost and when you will be expected to pay your bill. (Back to the Top)
Alameda |
Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City probate lawyers |
Alpine |
No Cities |
Amador |
Amador, Ione, Jackson, Plymouth, Sutter Creek, probate attorneys |
Butte |
Biggs, Chico, Gridley, Oroville, Paradise, probate lawyers |
Calaveras |
Angels Camp, probate attorneys |
Colusa |
Colusa, Williams probate lawyers |
Contra Costa |
Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, probate attorneys |
Del Norte |
Crescent City, probate lawyers |
El Dorado |
Placerville, South Lake Tahoe, probate attorneys |
Fresno |
Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, Sanger, San Joaquin, Selma, probate lawyers |
Glenn |
Orland, Willows, probate attorneys |
Humboldt |
Arcata, Blue Lake, Eureka, Ferndale, Fortuna, Rio Dell, Trinidad, probate lawyers |
Imperial |
Brawley, Calexico, Calipatria, El Centro, Holtville, Imperial, Westmorland probate attorneys |
Inyo |
Bishop probate lawyers |
Kern |
Arvin, Bakersfield, California City, Delano, Maricopa, Mcfarland, Ridgecrest, Shafter, Taft, Tehachapi, Wasco, probate lawyers |
Kings |
Avenal, Corcoran, Hanford, Lemoore, probate lawyers |
Lake |
Clearlake, Lakeport, probate attorneys |
Lassen |
Susanville probate lawyers |
Los Angeles |
Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bellflower, Bell, Gardens, Beverly Hills, Bradbury, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Canada Flintridge, La Habra Heights, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Walnut, West Covina, West Hollywood, Westlake Village, Whittier probate lawyers |
Madera |
Chowchilla, Madera probate attorneys |
Marin |
Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, Tiburon probate lawyers |
Mariposa |
No Cities |
Mendocino |
Fort Bragg, Point Arena, Ukiah, Willits probatre lawyers |
Merced |
Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced probate attorneys |
Modoc |
Alturas probate lawyers |
Mono |
Mammoth Lakes probate attorneys |
Monterey |
Carmel-By-The-Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, Soledad probate lawyers |
Napa |
American Canyon, Calistoga, Napa, St Helena, Yountville probate attorneys |
Nevada |
Grass Valley, Nevada City, Truckee probate lawyers |
Orange |
Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, La Habra, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda estate planning attorneys |
Placer |
Auburn, Colfax, Lincoln, Loomis, Rocklin, Roseville estate lawyers |
Plumas |
Portola estates and trusts attorneys |
Riverside |
Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, Lake Elsinore, La Quinta, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, Temecula, Wildomar estate planning attorneys |
Sacramento |
Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova, Sacramento estate planning lawyers |
San Benito |
Hollister, San Juan Bautista estates and trusts attorneys |
San Bernardino |
Adelanto, Apple Valley, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, Yucaipa, Yucca Valley, estate planning lawyers |
San Diego |
Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista estates and trusts lawyers |
San Francisco |
San Francisco estate planning attorneys |
San Joaquin |
Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, Tracy estates and trusts attorneys |
San Luis Obispo |
Arroyo Grande, Atascadero, El Paso De Robles, Grover Beach, Morro Bay, Pismo Beach, San Luis Obispo estate planning lawyers |
San Mateo |
Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside estates and trusts attorneys |
Santa Barbara |
Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, Solvang estate lawyers |
Santa Clara |
Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale estate and trusts attorneys |
Santa Cruz |
Capitola, Santa Cruz, Scotts Valley, Watsonville wills and trusts lawyers |
Shasta |
Anderson, Redding, Shasta Lake wills and trusts attorneys |
Sierra |
Loyalton estate planning lawyers |
Siskiyou |
Dorris, Dunsmuir, Etna, Fort Jones, Montague, Mount Shasta, Tulelake, Weed, Yreka estates and trusts attorneys |
Solano |
Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, Vallejo estate lawyers |
Sonoma |
Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, Windsor estate planning attorneys |
Stanislaus |
Ceres, Hughson, Modesto, Newman, Oakdale, Patterson, Riverbank, Turlock, Waterford estate planning lawyers |
Sutter |
Live Oak, Yuba City probate attorneys |
Tehama |
Corning, Red Bluff, Tehama estates and trusts lawyers |
Trinity |
No Cities |
Tulare |
Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Visalia, Woodlake estates and trusts attorneys |
Tuolumne |
Sonora estate planning lawyers |
Ventura |
Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, Thousand Oaks estate planning attorneys |
Yolo |
Davis, West Sacramento, Winters, Woodland estates and trusts lawyers |
Yuba |
Marysville, Wheatland attorneys and lawyers |