A San Diego County Estate Planning Lawyer Shares Tips for Preparing for the California Probate Hearing Process
A probate hearing is a court hearing to administer the decedent’s estate and address questions and challenges regarding asset distribution. California law does not require interested parties to hire professional legal representation for probate court, but the wisdom of experienced probate lawyer Mark Ignacio and his team can help you navigate these difficult proceedings.
When Do You Need to Go to Probate Court?
Probate court is a common, though often frustrating and emotionally difficult, outcome family members encounter following the death of a loved one. You may have to go to probate court in any of the following circumstances:
- Your loved one passed away without a will in place.
- There was a will, but it failed to address all relevant questions and contingencies regarding the decedent’s assets.
- The validity of the will is in question, including whether a more recent will exists and whether the document meets state requirements for a valid will.
- Assets that belonged to the decedent do not qualify to be passed on through a simple transfer process.
- Your loved one’s estate (minus any assets already placed in a trust) is worth more than $166,250 (the current value cutoff, per the California Courts).
A probate hearing may establish the will’s validity (or lack thereof), appoint an administrator or executor, resolve any challenges or disputes, and allow for transparent oversight by the court of an executor’s management of the estate’s assets.
All interested parties are generally permitted to attend a probate hearing in California. This naturally includes the executor or administrator, beneficiaries, and heirs. It may also extend to creditors, guardianship representatives, and attorneys representing any interested party.
Three Tips for Preparing for a Probate Hearing
1. Begin Preparing for the Hearing Early
Advance preparation is a must for success at a probate hearing. You must file a Petition for Probate, submit your documents, and get a hearing scheduled before you can even begin planning for a hearing.
Under state law, you must file both an Affidavit of Public Notice and Proof of Service at least 15 days prior to the scheduled probate hearing. Otherwise, the hearing will be pushed back.
Before you can file the Affidavit of Public Notice, you must place a public notice in a newspaper. You also need to actually provide notice of probate to everyone required to be notified before you can write your sworn statement that you have notified all required parties.
2. Know the Case and All of Its Facts
If you plan on handling the probate process without professional legal guidance, you’ll have to perform the important tasks that an attorney would otherwise perform for you. That means reading and reviewing the will (if there is one) and all documents submitted as part of the probate process.
Without a background in law, it may not be easy to make sense of these documents. Wills may be full of contingencies and legalese. Even the forms you need to fill out can present numerous options that you may have a tough time distinguishing between.
Give yourself plenty of time to take notes, do some research, and get familiar with the meanings of legal jargon used in probate matters if you’re preparing for the probate hearing without an attorney.
3. Practice Your Testimony
Whether you’re the petitioner, the personal representative, or someone else, you may need to provide testimony during the hearing as an interested party in the estate.
If you wait until you’re sitting in the hearing to begin gathering your thoughts or even to say those thoughts aloud for the first time, you may have difficulty finding the right words and staying on topic. Treat your probate hearing testimony like a speech or a job interview. Practice what you want to say in advance of the hearing, so you can feel comfortable and confident.
Take some time to review courtroom etiquette and ensure that your practice testimony aligns with these expectations. During the hearing, pay close attention to the points others make while giving their testimony, reports, or challenges, taking notes if needed so you can address those points yourself.
The Advantages of Representation by an Experienced Probate Lawyer
The most important tip we can offer you for undertaking the probate process is to avoid going through it alone.
Although you aren’t legally required to have an attorney represent you in probate court, there are plenty of reasons hiring a probate lawyer is in your best interests when dealing with the hassles and complexities involved in the probate process in California.
Get the High-Stakes Hearing Right
The stakes are high in a probate hearing. If you’re the executor of the will and you fail to initiate probate proceedings when they are required, you can be held personally liable. If an estate qualifies for probate proceedings under state law but you decide to start carrying out the decedent’s wishes without going through the court process, you could get in serious legal trouble.
Of course, there’s always the possibility that someone will challenge your petition at a probate hearing. If this challenge is successful, it could deprive you of the assets you expected to receive from your loved one’s estate.
It is important to ensure that your loved one’s estate is managed in accordance with their wishes and that you receive the full legacy the decedent wished to leave for you. An experienced probate attorney can protect your rights and advocate for outcomes of the probate hearing that reflect your family member’s wishes.
Get Help With the Draining, Time-Consuming Work
There’s a lot to do when you handle the work of probating a will yourself. When you’re serving as the executor, administrator, or personal representative of the estate, you must:
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- Compile paperwork
- Have inventories, appraisals, and tax documents prepared
- Provide notice to creditors and ensure debts are paid
- Keep reports and receipts of your work handling the estate to present to the judge
Hiring a probate attorney means having a knowledgeable legal guide to support you throughout this process. There are a lot of moving parts and legal obligations involved in probate court, but your lawyer can assist you in several ways, such as:
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- Coordinating contact between the numerous parties that may be involved
- Ensuring documents are filed as required and on time
- Providing professional insights when questions arise
Going through the probate process is difficult, especially when your grief is still so fresh. We’re here to help make it easier for you.
Get the Guidance You Need to Avoid Mistakes
Missing seemingly small details of the probate procedure can lead to legal issues. For example, the petitioner is responsible for giving notice of the probate hearing to all potentially interested parties but is not permitted to personally mail such notices.
This is just one of the legal intricacies that could easily slip through the cracks when you’re grieving, trying to navigate the legal process on your own, and still having to meet all of your other responsibilities. Having an experienced probate and estate planning attorney like Mark Ignacio on your side offers you peace of mind.
You no longer have to worry about what details, deadlines, or legal obligations you could be missing. We’re here to shepherd you through the entire probate process and, as Mark Ignacio’s Christian faith affirms, to act as stewards helping to protect your family’s legacy. Here’s what our clients have to say about our services:
- Client Jacob H. said, “The bank my father had done business with for over thirty years, the biggest in the world, decided to disregard all the legal precautions he had taken to pass on his legacy and threw us into probate court. They even stalled after Mr. Ignacio brought us to a swift victory but this exceptional lawyer stood by us through it all and delivered justice to us with great patience and professionalism. This is the attorney you want to safeguard the most important people in your life.”
- Jeanmarie Dessel said, “Mark is a fantastic lawyer. We hired him initially for probate concerning our deceased family member's property. He's very helpful and always available to answer our questions and guide us through this process. We also hired him to prepare our family trust. We plan on using his services for all of our estate planning needs.”
To learn more about how we’ve helped people just like you with their probate concerns, check our testimonials and our five-star Google reviews from past clients.