Vista Probate Attorney

Vista Probate Lawyer

A loved one’s death can be overwhelming and challenging for you and your family. Not only are you dealing with the grief of losing someone, but you may also have to deal with their estate if they had a will or died without an estate plan. The legal process to handle assets and debts for an estate is called probate. It can be a complicated process, but a Vista probate attorney can help you.

Why Choose Estate Preservation Group

We are a boutique law firm in Vista, California, led by attorney Paul V. L. Campo, who has practiced estate planning and probate law for over 30 years.

Attorney Campo has a highly esteemed background, having graduated with a law degree from UCLA School of Law in 1984 as one of the top law students. His deep compassion, desire to help others, and commitment to his community are evident in his work as Councilman and Mayor Pro Tem of the City of Vista. His volunteerism at Tri-City Hospital Foundation and Elizabeth Hospice stands out as examples of his experience and knowledge, helping those in need.

Probate in Vista, California

Probate is the process of proving the validity of a will and administering the estate of a deceased person. In San Diego County, the probate process is frequently used – 2,453 cases were filed with the San Diego County Superior Court in fiscal year 2023-2024. With the number of cases handled by the court yearly, it’s vital to understand the probate process and comply with procedural requirements to avoid errors and delays.

In a probate case, the deceased person, also known as the decedent, may or may not have had a will. If the decedent did not have a will, they died intestate, and their estate will be subject to California’s intestate succession laws. An estate includes all property, assets, and debts that legally belonged to the deceased at the time of their death, such as owed taxes, bank accounts, retirement accounts, real estate, and jewelry.

The person assigned to manage a decedent’s estate in a will is known as the executor. If there is a valid will where an executor is named, they must be confirmed by the Superior Court of California, County of San Diego. If there is no will or no executor is named, the court will appoint a personal representative. This person is known as the administrator if there is no will.

Whether the executor or the administrator, the person appointed must begin administration of the decedent’s estate within 30 days of finding out about the death.

A qualified probate attorney can guide you through your probate case, answer all of your questions, and counsel you through the necessary steps to ensure that your loved one’s estate is handled properly.

Understanding the Probate Process

A Vista probate lawyer from our team can assist you or the personal representative of the decedent’s estate with the following steps in the probate process:

• Inventory and value the decedent’s legal possessions and ownership.
• Work with a tax professional to research and obtain IRS information regarding state and federal taxes of the decedent’s estate.
• Pay the decedent’s debts, taxes, and other expenses.
• Electronically submit all necessary documents to the San Diego County Superior Court. These documents may include the Petition for Probate, Notice of Petition to Administer Estate, Inventory and Appraisal form, Notice of Admission to Creditors, and more.
• Distributing the remaining estate to the beneficiaries under court supervision and with final approval. This process may take anywhere from 9 months to 1 ½ years or longer to complete.

Why Hire a Probate Attorney in Vista

It is important to hire a probate attorney due to the complexities of probate cases. An attorney can help the executor or administrator of the estate understand the probate process and their responsibilities as a personal representative.

As your legal team, we can determine if all policies and procedural requirements are met in the probate process in a timely and accurate manner. You and your family are not alone in this process. Our team of experienced and sympathetic legal professionals at Estate Preservation Group is here to help you.

FAQs

Q: Do All Estates Have to Go Through Probate in California?

A: Not all estates have to go through probate in California. Small estate affidavits and summary proceedings may be sufficient to allow for the transfer of property if the value of the estate is less than a certain amount. Probate also may not be required for property held in a trust, property that was jointly owned with right of survivorship, certain government benefits, and payable-on-death accounts.

Q: Can Probate Be Contested in California?

A: Yes, probate can be contested in California if there are disputes over the validity of a will, concerns about the personal representative’s actions, or allegations that the decedent was manipulated when creating the will. When probate is contested, it can make the process more complex and often requires further legal guidance to resolve the matter.

Q: What Happens if Someone Dies Without a Will?

A: If someone dies without a will, their estate still goes through probate. Under California’s intestate succession laws, the estate will be divided amongst the decedent’s family, generally prioritizing spouses, children, and close relatives. A probate attorney can help you determine the appropriate beneficiaries and make sure all the legal steps are followed during this process.

Q: How Much Does Probate Cost in California?

A: In California, probate costs are different for every case and are typically based on court costs, executor fees, and other relevant expenses. A lawyer from our team can explain what potential fees may apply to your case based on the size and complexity of the estate. Some people use estate planning tools like living trusts and beneficiary designations to reduce or completely avoid probate costs.

Reach Out to a Vista Probate Attorney at Estate Preservation Group

Probate can be a long, difficult, and expensive process, especially when there is no will involved. Please contact us at Estate Preservation Group to help you with your probate case as well as estate planning needs.