Remote Probate
Why hire us?
We believe in providing services that we would want for ourselves. If it is possible, we don’t want to go through the hassle of spending our time or yours on unnecessary tasks, particularly for unpleasant ones. To be sure, probate is often necessary when a loved on passes away. But going through probate in-person is not. Of course, we enjoy working with our clients. It’s why we do what we do. We also know it is essential to create a trusting relationship with our clients. Properly handling a probate case requires it.
The purpose of providing remote probate services is to avoid wasting our client’s time and energy. Probate can be a stressful and sometimes painful experience. Our job is to shoulder that burden. It is a responsibility we don’t take lightly. We have found that our method is speedier and more convenient than doing things the traditional way. As a result, probate wraps up faster and it can be one less thing on your plate as you go through an already difficult time. Additionally, clients appreciate the benefits that come from our proficiency in remote probates. These include being able to ask questions as they come up, no driving to offices and waiting for a meeting to open up, and meetings that typically end quicker. Further, out of state clients never have to make the flight out to California for a meeting or court hearing.
We provide the same legal services that other law firms provide, just more conveniently. Do you work from home and want to stay at home? Perfect. Or work from an office but don’t want to take time off for work? Perfect. Do you prefer communicating via email and phone? Perfect. We’re a fit.
Probate in a nutshell
Probate is the process of determining what a deceased person's property is, and distributing that property to the correct people. It is a process that goes through the court system, and is public record. The purpose of probate is to ensure that the people who are legally entitled to the property of a deceased person receives that property. In sum, probate clears title to property. A child, even if he or she is named as the recipient of a parent's house in a will, would not be able to sell the house without it going through probate. Same with other assets such as bank accounts, brokerage accounts, cars, and personal property.
Probate is long, complicated, and difficult. That's why we try our best to put the burden of probate on our shoulders. We handle numerous probate cases every year, going through the process in an efficient manner to wrap up a deceased person's affairs.
Why hire an attorney for Probate?
There are many documents that must be filled out completely, and a very strict process that must be followed. Even minor hiccups can cause a procedural delay that can last for months. Some of the basic procedures that all probate cases must go through are the following:
1. File a petition to become the representative of the estate;
2. Provide legal notice to all entitled heirs and beneficiaries of the estate;
3. Determine if the estate assets exceed the statutory limit for probate;
4. Determine who is qualified to become representative of the estate per California law;
5. Acquire a proper inventory and appraisal of assets from the Probate Referee;
6. Acquire Letters of Administration or Testamentary once issued by the court;
7. Ensure the personal representative has full powers to act;
8. Provide all required legal notices to creditors, the California DHS and FTB;
9. Schedule publication of notice of death with the proper newspaper;
10. Calculate fees to be paid to representative to be paid according to California statutory rate;
11. Properly determine any and all beneficiaries of the estate and how much they are to receive;
12. Acquire proper bond to insure the estate;
13. Obtain an accounting of the estate for the period between the start of probate and end of probate;
14. Draft and file a final petition requesting ending probate and for distribution to occur; and
15. Provide the court with a proper order to sign.
These are the basics, not including major obstacles such as handling real estate or dealing with an unhappy heir. It can seem a bit overwhelming. Probate is not designed to be easy. Rather, it is designed to ensure that property is distributed to the proper people. All who are involved, such as the beneficiaries of the estate, the personal representative, the lawyers helping, and the judge, need to act carefully. Because of the complexity and time consuming nature of probate, many hire an attorney to help them get through the process.
We want to take the burden of going through the court process off of your shoulders to make the transition smooth. We ensure all the proper forms, notices, hearings, and procedures are taken care of.
“Professional and efficient. From the first phone call to using Docusign, everything went smoothly.”
— Elizabeth Watanabe
