Question 1

What is probate and how does it work in California?

Accepted Answer

Probate is the court process that happens after someone dies. It helps make sure their money, home, and belongings are given to the right people. The court checks that everything follows the law and that all bills and taxes are paid before the rest goes to family or others.

Question 2

Who can be the executor, administrator, or personal representative?

Accepted Answer

When someone makes a will, they usually pick a person to take care of everything after they pass away. This person is called an executor.

If there’s no will, the court will pick someone called an administrator to help instead.
Both the executor and the administrator are known as personal representatives.

They must be honest, fair, and follow the rules to make sure the person’s property is handled the right way.

Question 3

What happens if there is no will?

Accepted Answer

If someone dies without a will, it means they didn’t leave written instructions about who gets their things. In that case, California law decides who will inherit. Usually, the money and property go to the spouse and children first, then to other family members.
 A judge picks someone (called an administrator) to take care of the person’s belongings and make sure everything is given out correctly.

Question 4

What property goes through probate?

Accepted Answer

Probate includes property that was owned only by the person who passed away — like a house, car, or bank account in their name alone.

Property held in a living trust, shared with someone else, or with a named beneficiary (like a life insurance policy) usually doesn’t go through probate.

Question 5

How long does probate take in California?

Accepted Answer

Probate usually takes between 9 months and 2 years. It can take longer if the estate is large, complex, or if family members disagree.

Question 6

How are probate fees calculated?

Accepted Answer

Probate fees in California are determined by statute and based on the total value of the estate. Both the person appointed by the court and attorney receive the same percentage:
 • 4% of the first $100,000
 • 3% of the next $100,000
 • 2% of the next $800,000
 • 1% of the next $9 million
 • 0.5% of the next $15 million
 For estates exceeding $25 million, the court determines a reasonable fee.

Question 7

How much does probate cost in total?

Accepted Answer

Probate costs vary depending on the estate’s value. You can use our Probate Fee Calculator (https://www.jlclegacylaw.com/legal-resources)to get an estimate of what your costs might be.

Question 8

Is there a way to avoid probate fees?

Accepted Answer

Yes! You can usually avoid probate by setting up a living trust, naming beneficiaries on accounts, or owning property jointly, or other ways. These steps save time, reduce costs, and help keep your family’s information private.

Question 9

What should I bring when I meet with my probate attorney?

Accepted Answer

If possible, bring the following documents to your consultation:
 • Original or copy of the will (if available)
 • Certified death certificate
 • List of what the person owned or owed
 • Property papers or mortgage bills
 • Contact information for family members and people named in the will, if there is a will

Question 10

What Is Estate Planning and Why Does It Matter?

Accepted Answer

Estate planning is the process of organizing how your assets, like money and property, will be managed or distributed during your life and after you pass away. It's crucial because it helps ensure your wishes are followed and could minimize taxes and legal fees for your loved ones.

Question 11

What's the difference between a will and trust?

Accepted Answer

A will is a document that outlines who will receive your assets after you die. A will only takes effect after you pass away. A trust, on the other hand, is a setup where you can place assets to be managed by a designated person (a trustee) for the benefit of others. Trusts can often help avoid lengthy court processes if you become incapacitated (called conservatorship) and after you die (called probate).

Question 12

What is probate and how does it work in california?

Accepted Answer

Probate is a legal process that occurs after someone dies to ensure their assets are distributed correctly and their debts are paid. In California, this process is handled in the probate court of the county where the deceased person lived, and can take normally more than a year or even years to complete.

Question 13

How can I avoid probate in California?

Accepted Answer

You can often avoid probate by:
 • Creating a living trust to hold your assets.
 • Owning assets jointly with someone else with rights of survivorship.
 • Naming beneficiaries on accounts like retirement plans and insurance policies.
 • Using Payable-On-Death designations on bank accounts and other assets.

Question 14

How can I ensure my Estate Plan is legally sound?

Accepted Answer

To ensure your estate plan is legally sound, it's advisable to consult with an experienced estate planning attorney who understands California law. They can help you draft the necessary documents, advise on tax considerations, and suggest strategies to protect your assets and beneficiaries.

Question 15

Can I make changes to my Estate Plan once it's created?

Accepted Answer

Absolutely. It's not only possible, but often recommended to review and potentially update your estate plan due to changes in your life, laws, or financial situation. Common life events prompting a review include marriage, divorce, birth or adoption of a child, or a significant change in financial circumstances. Additionally, changes in tax laws could impact your estate plan. It's advisable to consult with an experienced estate planning attorney to ensure your estate plan remains up-to-date and continues to meet your objectives in a legally sound manner.

Question 16

What happens if I die without a Will or Trust in California?

Accepted Answer

If you pass away without a will or trust in California, your assets will be distributed according to the how the law says it should be distributed. This means that the state and a judge decide who gets your assets, usually starting with your closest relatives like your spouse or children. It may not align with your personal wishes, which is why having an estate plan is recommended to ensure your assets go to the people you choose.

Question 17

What is a Power of Attorney and why might I need one?

Accepted Answer

A power of attorney is a legal document that allows you to appoint someone to make financial and/or healthcare decisions on your behalf if you become unable to do so. It's essential in case you get seriously ill or incapacitated, ensuring that someone you trust is making important decisions for you. There are different types of powers of attorney. Consulting with an estate planning attorney can help you understand which type(s) would be beneficial for your situation.

Question 18

What is your Estate Planning process like?

Accepted Answer

1. Initial Call: Speak with Attorney Jordan Lane Ceausu to confirm we’re a good fit.
2. Worksheet: Complete a worksheet to share your wishes and personal information.
3. Design Meeting: Meet with Jordan (in person or via Zoom) to discuss your goals and plan structure.
4. Engagement & Payment: Receive and sign the engagement letter; payment is requested at this stage.
5. Drafting: We prepare your customized documents and send them to you for review.
6. Signing: Finalize your plan at a formal signing meeting with a notary and witnesses.

Question 19

How long does the Estate Plan process take?

Accepted Answer

Typically, the process takes about 4 – 6 weeks from the initial call to the final signing. The exact timeline can vary based on your schedule and responsiveness.