Trusted Probate Lawyers in San Francisco

“Probate” is simply the process by which a deceased person’s estate is administered.  The administration of the estate involves identifying all of the estate assets, paying off the debts, and distributing the remaining assets according to the terms of the will or according to California law if there was no will.  In California, the vast majority of estates are handled through the probate process.

While this simplified definition can make probate court sound like a straightforward concept, it is subject to a long list of rules and regulations, including potential exemptions. Because of this, specific training and well-honed legal skills are required to navigate a probate matter effectively. Be aware that these challenges will only become more pronounced in a probate case that includes extenuating factors, such as inheritance disputes, unique assets, complicated family situations, or contested wills.

In any probate case, it’s vital to hire an accomplished probate attorney. The Bassin Law Firm at 415-753-6200 to learn how we can assist you.

Why You Need a Skilled San Francisco Probate Lawyer’s Help With Probate 

The very first question many people have when first entering the realm of probate law is, “Do I need a lawyer for probate court in San Francisco?” The answer is usually yes. While it may sometimes be possible for laypersons with no legal background to manage their own affairs in an extremely straightforward probate case, even doing this much would require many hours of research and preparation.

Probate in California can be a tedious and detail-oriented process, even under the best circumstances. Those who attempt to tackle it unprepared soon learn there is no such thing as a “simple” probate case. This is just one of the reasons why many people faced with a probate case quickly come to realize they need the services of a qualified San Francisco probate attorney.

Families and individuals faced with the overwhelming prospect of navigating a California probate case can take comfort in knowing a San Francisco probate lawyer from The Bassin Law Firm can serve as an invaluable resource for answering all of your probate questions. They can also provide legal tools and strategies that ensure your probate case moves through the system–and toward the most desirable outcome–as efficiently as possible.

No Will? Understanding California Intestate Succession Laws

When someone dies without a will, California law determines how the assets will be divided.  In those cases, the probate process is considerably more complicated than in cases where the person died with a valid and legally binding will.  The Court will be required to not only determine who should administer the estate, but it will also have to apply California law to determine who is entitled to the assets of the estate.

This particular part of the probate equation is known as intestacy law. The term “intestate” (which can be used as either a noun or adjective) will appear unfamiliar to many people who lack a legal background, but it simply refers to someone who has passed away without leaving a valid last will and testament behind.

California intestate succession laws typically assign assets to heirs in the following order of priority:

•     Spouse
•     Children
•     Parents
•     Siblings

Of course, families and asset distribution in the real world are more complex. For example, when someone passes away and leaves behind both a spouse and children, a formula is used to assign the bulk of the decedent’s remaining assets to the surviving spouse while allotting others to their children. The percentage of inheritance received by such children will also vary depending on whether they are shared children with the surviving spouse or have another parent. 

Dividing assets in probate court can become a confusing (and sometimes emotionally charged) process. Simply determining what you are entitled to under California law is often reason enough to call a competent lawyer. The Bassin Law Firm can help you understand exactly how much of an inheritance you should expect. In addition, we can provide the legal tools to effectively assert your rights and ensure you receive all the family resources you’re entitled to when a spouse, parent, child, or sibling passes away without a will in place.

Whether someone passes away with a will or without, the attorneys at The Bassin Law Firm have vast experience assisting clients through the probate process. Working with our highly qualified probate team doesn’t just give you access to some of the finest legal minds in the state. It also provides you with the peace of mind that comes with knowing your case is being handled by a talented and successful legal team of San Francisco Probate Lawyers that is dedicated to your best interests.

Different Methods of Probate in San Francisco

California has multiple methods available for handling the probate of a deceased person’s estate.  The default rule In California is to allow independent administration of an estate act (to be linked) requires that an estate be subject to a dependent probate administration, which means the estate is dependent upon court supervision for everything that happens in the administration.  However, California also allows for independent probate administration, which is utilized in the majority of Calfironia probate cases.

The Majority of estate in California are   Independently administered probates. These are almost always significantly faster (and therefore less expensive overall) when compared to dependent administration. Once the administrator and the inventory of the decedent’s assets have been approved by the probate court, the independent administrator is able to freely conduct the work of estate administration without needing to be in constant contact with court authorities for approval. 

How does Estate Administration Work Under the IAEA?

With the basics of normal estate administration out of the way, the function of the IAEA now makes more sense. Rather than forcing the administrator to constantly ask the court to take certain actions, the administrator is instead free to administer the estate on their own, without court supervision.

For example, an IAEA administrator can simply sell the estate’s real property, provided they give only notice of their decision to do so. (Prob. Code § 10511.) Some actions don’t even require notice at all. For example, the administrator can enter into contracts with a length of less than two years or make repairs and improvements without giving notice. (Prob. Code §§ 10532, 10562.)

Overall, though, the IAEA is designed to speed up the process at which a probate estate is administered. By removing court supervision from most actions, the administrator can operate at a rapid pace.

You may also see the administrator referred to as the “executor” in some cases. In practical terms, executing a will and administering a probate estate are largely the same roles. Some people only use the term “executor” when that person has been named in a will and prefer the use of the term “administrator” to refer to someone appointed by the probate court in lieu of a will. However, other people and websites may use the terms interchangeably.

An independent probate administration is less bogged down by court supervision and is more efficient and generally less costly overall than a dependent probate.

All of these methods of probate can be discussed in more detail with your San Francisco probate attorney from The Bassin Law Firm.  Alternatively, you can continue to browse our website, where you will find valuable informational resources, including some discussions of potential alternatives to probate.

What are the different types of Probate in California?

There are varying levels of probate in California, including what are informally called “formal” probates, “summary” probates, and “ancillary” probates.

The probate required (if a probate is required at all), depends on location of and value of the “probate property”.

• A “formal” probate is the most time-consuming and expensive type probate. At a minimum, a “formal” probate may last 9 to 12 months. In addition, the cost of a “formal” probate is based on a percentage of the fair market value of the Decedent’s probate. Much of the information in this Probate Guide applies to “formal” probates.
• An “ancillary” probate applies when 1) the Decedent died a non-California resident, 2) the Decedent’s estate is being administered in the Decedent’s “home” state (i.e. outside of California), but 3) the Decedent owned property in California. The Court in the Decedent’s “home” state does not have jurisdiction of the property in California, so an “ancillary” probate must be opened in California to turn the California property over to the Executor/Administrator of the probate in the Decedent’s “home” state.
• A “summary” probate is a short/expedited probate in California that rarely incurs the high fees of a “formal” probate. If the Decedent’s “probate property” has an aggregate fair market value of less than $184,500 (in 2023), or the Decedent’s property is to pass to the Decedent’s surviving spouse, or where the Decedent intended to transfer his/her property to his/her revocable living trust but failed to accomplish such transfer, a “summary” probate may be available to the Decedent’s Executor/Administrator. Whether or not Court supervision is required for “summary” probates is a fact-specific analysis and is beyond the scope of this Probate Guide.

Probate Estate Administration in California

Any trustworthy person can potentially become a court-approved administrator or executor in a California probate case. When a valid will exists, the executor named therein is sometimes a trusted attorney or advisor that the decedent worked with in life. In other cases, the decedent’s spouse, adult child, or some other relation might be deemed a suitable executor. In some scenarios, a creditor who has outstanding claims against the estate might even apply to be named the administrator (though they would then be bound by law to process the claims of any other creditors as well).

While it may strike some people as a conflict of interest for an heir or creditor to be named the administrator of an estate, this is typically not an issue for a few reasons. First, probate court is not an antagonistic form of legal proceeding where one party sues or seeks to punish another, making it different from the average civil or criminal trial. 

Instead, probate is intended to accurately catalog the estate of someone who has passed away and to distribute any remaining assets to heirs and creditors. Because these heirs and creditors have a direct stake in proceedings, they can make highly motivated administrators.

However, even if a probate administrator is qualified, competent, and motivated, they still must hire legal counsel, as required by law, to support them throughout the probate process. Their duties can be incredibly complex and difficult to understand, making a lawyer’s assistance essential to avoid any problems. If you’re a grieving family member, probate can be even more difficult. The legal team at The Bassin Law Firm knows how to treat probate cases with the sensitivity they require. We can make the legal process as simple as possible to minimize your stress.

Who Is Not Permitted to Act as a Probate Administrator in California?

The court will only approve an administrator whom they find trustworthy and capable, which limits the potential for bad actors to misuse the authority of the role. In fact, there are entire categories of people who are barred from applying for the role of estate administrator, including felons, corporate entities who do not have any California-based agents, or anyone deemed to be mentally incapacitated.  

Get The Guidance You Need To Resolve An Estate

Anytime someone is appointed as the executor or administrator of an estate, they have certain duties they must fulfill to satisfy the Court requirements.  Among those duties are the following:

•     File an oath of office (petition to be appointed representative of the estate)
•     Pay bond (in certain administration cases)
•     Take physical possession of the decedent’s remaining property (with certain important exemptions–a surviving spouse and children would not be ordered to hand their primary residence over to the administrator, for example)
•     Gain access to the decedent’s financial instruments and accounts
•     Place any cash assets in a separate, dedicated bank account
•     Create a thorough inventory of assets
•     Account for debts and other liabilities of the estate
•     When necessary, administer an appropriate family allowance so that the surviving spouse and minor children of the decedent can support themselves and maintain their quality of life during probate proceedings (which can take several months and sometimes years, even in some independent administration cases)
•     Pay any outstanding taxes or other bills related to the estate
•     Notify heirs and creditors
•     Resolve any claims of the estate against other parties
•     Respond to creditor claims made within the legally mandated time frame
•     File a final income tax return and pay any necessary taxes
•     Distribute assets to designated beneficiaries in the will or to those people determined to be heirs if there is no will.
•     Partition land, if necessary.
•     Keep copies of all required documentation and file any necessary paperwork in accordance with timelines set by the court
•     Perform the final distribution of assets within three years of being named administrator (but ideally much sooner than that unless the process is held up by some sort of legal challenge)

Even in uncontested probate cases, the executor or administrator must ensure he fulfills his duties correctly.  Failing to do so can create liability for him or her.  The best protection for ensuring that an executor or administrator has fulfilled their duties correctly is to seek counsel from experienced, thorough San Francisco probate attorneys like those at The Bassin Law firm.  

Reaching The Finish Line with The Bassin Law Firm

An estate is settled and closed when all legal requirements have been fulfilled and assets have been distributed. The path from someone’s death to that end goal can seem difficult to navigate, but a timely resolution is obviously in the best interests of all concerned.

California law requires executors and administrators to retain competent legal counsel throughout the entire time that they serve on behalf of the estate.  Understanding that the probate process always involves the difficult loss of a loved one, our probate lawyers in San Francisco offer compassion and efficiency.  

Call our trusted California probate attorneys at 415-753-6200 or send an email.

Frequently Asked Questions About Probate 

What is probate?

Probate is the legal process of administering a deceased person’s estate. This includes validating their will (if one exists), paying outstanding debts, and distributing assets to beneficiaries.

Do all estates go through probate in San Francisco?

No, not all estates require probate. If the deceased’s assets are held in a trust, owned jointly with rights of survivorship, or have designated beneficiaries (e.g., life insurance policies), those assets may bypass probate.

How long does the probate process take in San Francisco?

The duration varies depending on the complexity of the estate. A straightforward, uncontested probate can take a few months, while contested or complicated cases may take over a year.

What happens if there is no will?

If the deceased died intestate (without a will), California intestacy laws determine how the assets are distributed among surviving relatives, such as a spouse, children, or other heirs.

What are the costs associated with probate in San Francisco?

Costs may include court filing fees, attorney fees, executor fees, and other administrative expenses. The total cost depends on the size and complexity of the estate.

Can I avoid probate?

Yes, some strategies to avoid probate include:

• Establishing a Living Trust
• Naming beneficiaries on financial accounts.
• Owning property jointly with rights of survivorship.
• Using payable-on-death (POD) or transfer-on-death (TOD) designations.

What are the executor’s responsibilities during probate?

An executor (or administrator) is responsible for:

• Filing the will with the probate court.
• Notifying heirs and creditors.
• Collecting and valuing estate assets.
• Paying debts and taxes.
• Distributing assets to beneficiaries.

What if there are disputes during probate?

Disputes may arise over the validity of the will, executor conduct, or distribution of assets. These issues may require mediation or litigation to resolve.

Are there statutory deadlines for probate in California?

These deadlines primarily affect the executor or personal representative of the estate, who is responsible for managing the probate process.

Time Limits for Filing

• 30-day deadline: The personal representative (responsible for managing the estate) must notify all beneficiaries and heirs within 30 days of the decedent’s death, so everyone understands the probate process and their involvement.
• 120-day deadline: A petition for probate must typically be filed within 120 days of the decedent’s passing. This step formally begins the probate process, allowing the court to appoint an executor or administrator to handle the estate. Filing within this timeframe is crucial to avoid delays and potential legal complications.

Do I need a probate attorney in San Francisco?

Having an experienced probate attorney can simplify the process, ensure legal compliance, and prevent costly mistakes.

Do I need a probate Lawyer in San Francisco?

Having an experienced probate Lawyer can simplify the process, ensure legal compliance, and prevent costly mistakes.

How do I start the probate process in San Francisco?

The probate process in San Francisco can be complex, so it’s highly recommended to consult with an experienced probate attorney before beginning. A lawyer can guide you through each step, ensuring compliance with California laws and avoiding potential delays.