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When a Probate Attorney Can Help, and When They Can’t

If you recently lost a loved one, you may have to deal with the probate process next. Probate can be a time-consuming and complex experience, especially if there are any family conflicts or disputes regarding what should happen to your loved one’s assets. To better navigate this process, it is helpful to hire a probate attorney. That said, there may be some situations in which a probate attorney may not be able to help you. Continue reading to learn more.

A Probate Attorney’s Role

When you hire a probate attorney, you will receive the guidance of a legal professional who will advise you of your deceased loved one’s estate. Their responsibilities can vary depending on whether or not the decedent passed with or without a will.

Below is a list of some of the tasks a probate attorney can assist you with:

  • Settle disputes between personal representatives and beneficiaries
  • Selling estate property
  • Distributing the decedent’s assets among the beneficiaries

Moreover, a probate attorney can also provide advice regarding the payment of the decedent’s bills and outstanding debts.

When a Probate Attorney Can’t Help

Probate is not always necessary in California. Depending on the assets and personal properties you have, you may be eligible for California’s Small Estate Alternative. Under these circumstances, a probate attorney would not be necessary.

You may be able to forego probate if:

  • You have a petition to determine succession to real property, which applies to real estate that is worth less than $55,425.
  • You have a spousal or domestic partner property petition, which will allow you to gain a court order that tells you what share of your deceased partner or spouse’s share of separate and community property is yours.
  • You have a small estate affidavit, which may allow you to transfer personal property. However, you have to be legally entitled to inherit from the decedent’s estate, it must be worth less than $166,250 and you must be the only one transferring personal property.

Schedule a Consultation with an Experienced Probate Attorney Today!

If your loved one’s estate is going through the probate process, the knowledgeable legal team at the Law Office of Mitchell A. Port can provide the guidance and advice you need to navigate it. Our attorney has nearly four decades of experience and is backed by a history of proven results.

Reach out to our law office today at (310) 526-3433 to schedule a consultation with our probate attorney to get started.