Estate Planning and Administration
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Probate Attorney in Temple City, California

Losing a loved one can be a traumatizing and overwhelming experience for many reasons. When a family member dies, some or all of their assets will have to pass through probate, the legal process through which a deceased individual’s final affairs are handled.

While the probate process can be confusing and time-consuming, Attorney John L. Shaw can help you navigate the steps and provide you with the assistance you need. He is committed to providing outstanding legal services that can help heirs and fiduciaries navigate the often complicated process of probate. Attorney John L. Shaw is available to evaluate your unique situation and help you understand what to expect during probate proceedings.

John L. Shaw, Attorney at Law proudly serves clients in Temple City, California, as well as Pasadena, Arcadia, Rosemead, and Alhambra.

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What Is Probate?

Probate can be described as a court-supervised process that is often required to administer a decedent's estate and settle final affairs. The probate process in California involves the following steps:

  1. Submitting the deceased person’s will and testament to the court (if they have one)

  2. Filing a petition for probate

  3. Waiting for a hearing

  4. Filing an inventory and gathering the decedent’s assets

  5. Confirming the sale of real estate (if such sale is necessary to pay outstanding debts)

  6. Filing taxes

  7. Filing a final plan and accounting

  8. Distributing the deceased person’s assets to the beneficiaries

Generally, probate is required in the State of California. Under California law, a simplified procedure is used when the value of the deceased person’s estate is less than $166,250. Assets subject to probate include:

  • The deceased person’s separate property (any assets listed under the decedent’s individual name that were acquired by the deceased before the marriage or inherited during the marriage)

  • One half (50%) of the deceased person’s community property (any assets acquired during the marriage)

Dying without a will can result in unnecessary stress and expenses for the surviving family members because the probate process can be long and complex. It may be possible to avoid probate in California by doing the following:

  • Establishing a living trust

  • Listing assets as payable on death

  • Naming a beneficiary for your assets

Consider speaking with a knowledgeable probate attorney in Temple City, California, to discuss how you can avoid probate when drafting an estate plan.

How Long Is the California Probate Process?

The duration of probate depends on several factors, including the complexity and size of the estate. Under California law, creditors have four months to file a claim against an estate. An estate cannot be closed until all debts are paid and all assets are distributed to the decedent’s beneficiaries.

An order for final distribution must be filed within one year after the issuance of letters of administration or within 18 months if the estate involves federal tax returns. However, the probate process could take much longer if any interested parties contest the validity of the deceased person’s will or other issues arise during the process.

How Can a Temple City Probate Attorney Help?

Attorney John L. Shaw is well-versed in probate and guardianship law. In addition to probating a will, he can also help you:

  • Contest a will

  • Remove executors from a will

  • File a probate petition

  • Execute a power of attorney

  • Follow through with a guardianship plan

Contact Attorney John L. Shaw if you have questions about any area of probate or guardianship law in California.

Probate Attorney Serving Temple City, California

With decades of legal experience, Attorney John L. Shaw can help you navigate the probate process and ease some of your burdens. He will meet with you to discuss your situation and review the terms of your loved one’s will to ensure that all assets are distributed correctly. Get compassionate legal support during a difficult time by calling John L. Shaw, Attorney at Law in Temple City, California, today.