Navigating the complexities of probate after losing a loved one can feel overwhelming. The compassionate Berkeley probate attorneys at Barr & Douds provide skilled guidance and dedicated advocacy to families throughout the process. We’re here to protect your rights and ensure the smooth and efficient administration of your loved one’s estate.
What Is Probate?
Probate is a legal process supervised by the courts that takes place after someone passes away. It generally involves the following key steps:
Validating the Will (If There Is One)
The court confirms that the will is legitimate and accurately reflects the deceased person’s final wishes.
Appointing an Executor or Administrator
This person is responsible for managing the estate, paying debts, and distributing assets according to the will or California state law if there’s no will.
Identifying and Gathering Assets
The executor locates and secures all the deceased person’s property, including bank accounts, real estate, investments, and personal belongings.
Paying Debts and Taxes
The executor settles outstanding debts, taxes, and final expenses using funds from the estate’s assets.
Distributing the Remaining Assets
Once all debts are paid, the remaining assets are distributed to the beneficiaries named in the will or according to California intestacy laws if there’s no will.
Probate can be a complex and lengthy process, especially if the deceased didn’t leave a will or disputes arise among family members.
Our Probate Services
Our probate attorneys have extensive experience handling a wide range of probate matters, including the following:
- Probate administration: Our attorneys provide comprehensive guidance through every stage of probate, from the filing of the initial petition to the final distribution of assets.
- Trust litigation: We frequently represent beneficiaries, trustees, and interested parties in disputes related to trust administration.
- Will contests: If there are concerns about the validity of a will, we can help determine whether there are legal grounds to challenge it.
- Breach of fiduciary duty: We represent beneficiaries when executors or trustees fail to act in the best interests of the estate and its beneficiaries.
- Beneficiary rights: Our lawyers protect the rights of beneficiaries to ensure that they receive their rightful inheritance.
- Trustee removal: If a trustee isn’t fulfilling their duties, we can petition the court for their removal and replacement.
- Trust accounting disputes: Our team can resolve disputes related to the accuracy and transparency of trust accountings.
If you’re struggling to overcome a probate-related obstacle, the services of a qualified probate attorney can be indispensable.
Additional Probate Services
Along with the previously listed services, our Berkeley probate attorneys also assist with such matters as:
- Small estate administration
- Summary probate procedures
- Estate tax return preparation
- Post-death tax planning
- Ancillary probate (probate in multiple states)
If you’re unsure whether we can assist you with your specific issue, don’t hesitate to reach out to our firm to learn more.
When Is Probate Necessary in California?
In California, probate is generally required when someone passes away and one or both of the following conditions apply:
The Deceased Owned Assets Solely in Their Name
Assets that are solely in the deceased’s name don’t have a named beneficiary and aren’t held in joint tenancy with the right of survivorship.
The Value of These Solely Owned Assets Exceeds $184,500
This is the current threshold for requiring probate in California as of April 1, 2022. There are some exceptions and simplified procedures for smaller estates.
Even if probate isn’t strictly required, it may still be advisable in certain situations. Our knowledgeable attorneys can analyze your circumstances and advise you on the best course of action.
Why Choose Barr & Douds for Probate Matters in Berkeley?
When you’re facing the complexities of probate, you need a capable legal team on your side. Here’s why Berkeley residents choose Barr & Douds:
- Seasoned probate litigators: Our attorneys have decades of combined experience handling complex probate and trust litigation matters.
- Proven track record: We have a strong record of success representing clients in probate courts throughout the Bay Area.
- Client-focused approach: We’re committed to providing personalized attention and clear communication throughout the legal process.
- Local insight: Our in-depth knowledge of Alameda County probate courts and procedures gives us a distinct advantage in advocating for your interests.
- Estate planning background: Our attorneys are also experienced estate planning lawyers, which gives us a unique understanding of how to prevent probate disputes.
We’ll take the time to listen to your concerns, answer your questions, and help you take the necessary steps to protect your family and legacy.
