Will Lawyer Santa Ana, CA

Have you written your last will and testament? Perhaps you think you have plenty of time, or perhaps you don’t think you have enough assets to need a will. In truth, everyone needs a will. If you have minor children, your will can name a guardian for them. If you have a preference for who receives a family heirloom, you need a will.

A skilled Santa Ana, CA, will lawyer can draft a will according to your wishes, and following California inheritance laws. We ensure that your wishes are preserved and documented no matter what happens. At Katje Law Group, we take the time to get to know you and your goals when writing your will so that your last testament reflects these. And, if your life circumstances or obligations change, we can help revise your will or write a new one. Call us today to get started.

What Does A Santa Ana Will Lawyer Do?

A will lawyer is an estate planning attorney who writes wills. However, this isn’t the only thing our legal team does. We also review your will to ensure it meets your needs and covers your responsibilities and can revise or rewrite an outdated will on your behalf.

A will appoint an executor of your estate, someone who administers the terms of the will, pays creditors, and then distributes the remainder of the assets according to your wishes. Often, a trusted family member or responsible friend handles this task, but our firm can also serve as your executor if you don’t have anyone in your life you trust with this role.

If you have a child, you can name a guardian in your will. We can help you understand how this works and evaluate your options for a guardian.

Representing You In A Will Dispute

Our firm doesn’t just write wills. We also represent people who wish to dispute the terms of a will or challenge its legitimacy. You may have had a loved one who was a victim of undue influence, and you’re suspicious that their new will may result from this.

Perhaps your inheritance isn’t what you thought it would be, and you wish to challenge a will. We review the document and your situation, then provide legal advice to help you take the next steps. If you go to court, we can represent you in a hearing or trial.

Don’t Leave Your Future To Chance – Call Us Today

Whether you need to write a will or revise one, trust a Santa Ana will lawyer from our firm to ensure it’s properly executed. We also offer executor services if you don’t have a friend or family member you trust to take on this role. From will revisions to ensure its terms are met, we protect you and everything you’ve worked so hard for. Call Katje Law Group today for a personalized consultation.

What Is Probate?

Probate in California is the legal process through which a deceased person’s estate is administered and distributed. It involves validating the deceased’s will (if one exists), identifying and appraising assets, paying debts and taxes, and ultimately distributing the remaining assets to beneficiaries or heirs. A Santa Ana, CA, will lawyer can help you understand the probate process after someone close to you passes away, guiding you and providing personalized legal advice.

The probate process begins when an executor or personal representative files a petition with the probate court. If there is a will, the court will validate it; if not, the estate is considered “intestate,” and distribution follows California’s intestacy laws. The court then oversees the administration of the estate, ensuring that all legal requirements are met.

One significant aspect of probate in California is that it can be time-consuming and costly, often taking several months to years to resolve, depending on the estate’s complexity. The fees for probate are typically based on the value of the estate and can include court fees, executor fees, and attorney fees.

Additionally, probate is a public process, meaning that details of the estate, including assets and beneficiaries, become part of the public record. This can be a concern for those who prefer privacy regarding their financial affairs.

While probate is often necessary, some estates may qualify for simplified procedures or may avoid probate altogether through methods like living trusts, which allow for more direct asset transfer upon death. Consulting with an estate planning attorney can help navigate the intricacies of probate and explore options for minimizing its impact.

Understanding How Wills Are Probated In California

Understanding how wills are probated in California involves several key steps in a legal process designed to ensure the proper administration of an estate after someone’s death.

The probate process begins when the executor named in the will files a petition with the probate court. This petition includes the original will and a death certificate. The court will review the documents and, if everything is in order, will validate the will and appoint the executor to oversee the estate.

Once appointed, the executor must notify beneficiaries and heirs, as well as publish a notice in a local newspaper to inform potential creditors. The executor is responsible for identifying and inventorying the deceased’s assets, which may include real estate, bank accounts, and personal property. These assets are then appraised to determine their value.

After the estate’s assets are identified and debts settled—such as outstanding bills and taxes—the executor can distribute the remaining assets to the beneficiaries according to the will’s instructions. This process can take several months to years, depending on the estate’s complexity and any potential disputes among beneficiaries.

The Importance Of Solid Legal Counsel During Probate

It’s important to note that California probate proceedings are public, meaning anyone can access information about the estate. Executors and beneficiaries may want to consult with an estate planning attorney to navigate the probate process effectively and ensure compliance with legal requirements. Whether you’re named as the executor of a will or appointed as the administrator of an estate, an attorney from Katje Law Group can help you. Contact us today.