We have experience safeguarding our clients’ wealth and minimize taxes payable on their estate.
We develop solutions through a partnership that delivers.
We have experience in the court supervised process that admits wills, appoints executors and supervises estates.
We provide reliable counsel to assist our clients with the distribution of a decedent’s assets in a manner consistent with California Probate Law. We assist clients in understanding the complex requirements with the probate administration process to avoid costly mistakes such losing a rightful inheritance.
Even if you draft a will, your heirs and beneficiaries won’t receive any assets right away. First, your estate goes through a lengthy, expensive process known as probate – unless you take steps to avoid it.
You can bypass probate by setting up a revocable living trust. You retain full control of the assets placed inside the trust, and you can move assets in and out of the trust at any time. For many people, revocable living trusts are an integral part of a larger estate plan.
Probate proceedings determine a will’s validity. Typically, probate is required in California if:
- A house or other real property hasn’t been placed in a trust, and it’s not owned jointly with another person
- Bank accounts, brokerage accounts, mutual funds, stocks, bonds, and other assets are outside a trust
- There’s no beneficiary named on the bank or investment account
- The deceased didn’t leave a will
- The court declares an existing will invalid
Probate is filed in:
- The county where the deceased died; or
- A county where the deceased own property but didn’t name a beneficiary
If probate is filed according to where an asset is located, and this happens to be California, the asset must be valued at $50,000, or the total personal property value must exceed $150,000. Otherwise, probate should be filed where the deceased died.
Assets which do not count towards this $150,000 total include:
- Life insurance or other such assets already assigned to beneficiaries
- Assets held in living trust
If you want to avoid probate or set up a revocable living trust, it’s important to contact a qualified probate attorney. This is the only way to ensure that you’re safeguarding your wealth and minimizing taxes payable on your estate. At BETA Law, we know how to expedite proceedings so that your heirs and beneficiaries can access assets as soon as possible, in line with your wishes.
We help our clients reach their wider estate-planning goals, and much more. BETA Law attorneys represent clients in all business, tax, and estate matters across California. No matter how complex your issue, we’re ready and waiting to assist you.
- Drafting a will
- Appointing healthcare and financial powers of attorney
- Naming fiduciaries and trustees
- Tax efficient property disposal and distribution
- Trustee breach of fiduciary duty
- Trustee removal
- Elder abuse claims
- Wrongful death claims
- 850 and Heggstad petitions
- Challenges to wills and trusts
- Guardianship appointments
- Small estate affidavits (these are used in lieu of probate)