Turn To A Dedicated Estate Administration Lawyer
Losing a loved one is painful and confusing. I strive to lighten your burden by providing attentive and compassionate legal services.
Whether or not your loved one had a formal estate plan, Law Office of Matthew D. Scott can assist you with all aspects of winding down their estate. I help clients in Roseville and the surrounding area navigate the probate process and administer trusts after losing a loved one.
Do All Estates Go Through Probate?
Just as estate plans may include different documents according to a person’s unique situation and wishes, the probate process in California can vary depending on your situation. I help families navigate the probate process when necessary and help ensure that their loved one’s wishes are carried out.
The probate process can be time-consuming, expensive and stressful, but alternatives may be available. These include:
- Petition to succeed to real (and/or personal) property – If the estate is under a certain value, we may petition the court for an order succeeding the assets to the heirs without a lengthy probate process.
- Small estate affidavit – This is another option for personal property, usually cash or cash equivalents, housed in a financial institution when the account balances are below a certain amount.
Offering Trust Administration Assistance
Many people turn to a trust when planning their estate to avoid the costs and stress associated with the probate process. If your loved one had a properly funded living trust, then winding down the estate should be an easier task. However, you may still benefit from legal assistance to interpret trust language, draft necessary forms, comply with legal notice requirements and obtain useful information and best practices.
In some cases, you may also be able to petition to include assets in a trust. Also known as a Probate Code Section 850 petition or Heggstad petition, this simplified court proceeding enables the trust to take ownership of property that was not formally transferred to your loved one’s trust during their lifetime, thereby avoiding a full probate of the estate.
Find Guidance For Estate Administration And Trust Law
If you are the executor of a will, the successor trustee of a trust, an heir of a deceased person’s estate or a beneficiary of a trust, you might benefit from a consultation with a probate and estates lawyer. Call 916-894-8632 or contact me online to schedule a complimentary 30-minute consultation.