Determining if Probate is Necessary
Good morning, San Diego, and welcome back to the show! Today we’re talking about a topic that can be complex and confusing: probate. To help us understand this important process, I’m joined by Steve Bliss, a leading probate attorney here in San Diego.
Steve, thanks for being with us today. Can you tell our viewers what probate is and why it might be necessary?
Thanks for having me! Probate is essentially the legal process of administering a deceased person’s estate. It involves identifying assets, paying debts and taxes, and distributing any remaining property to heirs or beneficiaries according to the will or state law.
Not all estates require probate. The first step is determining if the estate exceeds the threshold for requiring it. In California, that threshold is currently $184,500. Estates valued below this amount may be eligible for simplified procedures. It’s important to note that even estates exceeding the threshold may avoid full probate if they have non-probate assets like those held in trusts or jointly owned property.
That’s helpful information. Can you walk us through some common scenarios where probate would likely be necessary?
Certainly. Probate is typically required when someone dies with a will, leaving behind significant assets that exceed the threshold. For example, imagine a homeowner passes away leaving behind a house valued at $300,000 and a savings account with $50,000.
- In this case, the total estate value exceeds the $184,500 threshold, making probate likely necessary to transfer ownership of the home and distribute the savings according to the will’s instructions.
- Conversely, if someone dies with a small bank account and no other assets, their estate may be eligible for simplified procedures or even avoid probate altogether.
Consequently, it’s crucial to consult with an experienced probate attorney like myself to assess the specific circumstances of each case and determine the best course of action.
Have you ever encountered any unique challenges related to determining whether probate is necessary?
I recall a situation where a client came to me believing their parent’s estate didn’t require probate because they had a joint bank account. However, upon closer examination, we discovered the account was set up as “payable on death” (POD), meaning the funds would automatically transfer to the designated beneficiary upon the owner’s death, bypassing probate altogether.
This case highlights the importance of carefully reviewing all financial accounts and legal documents to accurately assess whether probate is required. According to a recent study by the National Academy of Elder Law Attorneys, nearly 60% of estates involve some form of probate.
That’s certainly valuable insight, Steve. What advice would you give our viewers who are considering the probate process?
I strongly encourage anyone facing the potential need for probate to seek guidance from a qualified attorney. The probate process can be complex and emotionally challenging, and having an experienced advocate by your side can make all the difference. Remember, it’s about honoring the wishes of the deceased and ensuring their estate is handled efficiently and ethically.
Don’t hesitate to reach out to San Diego Probate Law for a free consultation. We are dedicated to guiding you through every step of the process with compassion and expertise.
Testimonials
“Steve Bliss and his team were incredibly compassionate and understanding during a difficult time. They made the probate process feel manageable and ensured my mother’s wishes were respected.” – Sarah M.
“I was overwhelmed by the thought of probate, but Steve patiently explained everything and kept me informed every step of the way. I highly recommend San Diego Probate Law for their professionalism and unwavering support.” – John P.
About Steven F. Bliss Esq. at San Diego Probate Law:
Secure Your Family’s Future with San Diego’s Trusted Probate Attorney. Minimize estate taxes with stress-free Probate. We craft wills, trusts, & customized plans to ensure your wishes are met and loved ones protected.
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Probate Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Map To San Diego Probate Law:
Address:
San Diego Probate Law3914 Murphy Canyon Rd, San Diego, CA 92123
(858) 278-2800
Map Link: https://g.co/kgs/WzT6443
Feel free to ask Attorney Steve Bliss about: “Can multiple executors be appointed and how does that work?” Or any other related questions that you may have about Probate or my probate law practice.
Important Facts About San Diego Probate Law
| California Trust Lawyer |
San Diego Probate Law 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
| Trust Lawyer California |
San Diego Probate Law 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
| Trust Lawyer |
San Diego Probate Law 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
| San Diego Trust Lawyer |
San Diego Probate Law 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
| Trust Lawyer San Diego |
San Diego Probate Law 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
| Credible Trust Lawyer in San Diego |
San Diego Probate Law 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |