We encompass legal services to manage and distribute assets after a loved one’s passing. It includes guiding families through the probate process, ensuring the smooth handling of trust administration, and resolving title issues with Heggstad petitions. Our approach ensures compliance with legal requirements while minimizing stress during challenging times.
After your death, the Probate Court may be responsible for overseeing the procedure of distributing your estate to the appropriate people. If you executed a Trust or Will prior to your death, those legal trust documents generally will dictate to whom your assets are distributed. If you died without a Trust and intestate, or without a Will, the Probate Court follows intestate succession laws, which establish who will receive your assets.
California probate law requires all estates over $184,500 to go through the probate process, unless your assets are held in Trust or controlled by the decedent’s Will. Probate can take anywhere from eight months to two years. However, when your estate is under $184,500, we are able to file a California small estate affidavit without probate administration and distribute your assets at a much faster pace at a much lower fee.
In California, probate fees are statutory. California’s current probate fee schedule is based on the gross value of the estate at 4% of the first $100,000, 3% of the second $100,000, 2% of the next $800,000, and 1% over $1 million up to $9 million. The initial probate filing fee in San Diego County is $435, and the final probate filing fee is $435.
When a loved one dies, it is an extremely difficult time in our lives. Warfield Law wants to take the legal aspect out of your hands, and into ours, in order to lessen the burden and stress of dealing with your loved ones assets. We will help you with all aspects of administering your loved ones trust, including:
In order for a Trust to be effective, it must be properly funded. This means that, to be protected by the Trust, all of the Settlor’s assets must be placed in the name of the Trust. However, sometimes a Settlor forgets to transfer an asset into the Trust, or a piece of property is not recorded properly, leaving it out of the Trust estate. A Heggstad petition can be filed with the local Probate Court, requesting that any omitted property now be funded into the Trust estate. If approved by the court, the asset will avoid probate, and become a part of the Trust!
