Navigating the world of legal systems can be complex — and even more complex when you do not have enough knowledge on how the processes work. This is true with probate. When do you need a probate lawyer for the estate you are dealing with? There are a number of things you need to know before you can even pick up the phone to call a prospective lawyer or a law firm.
You will most likely need a probate attorney when…
- The assets you are dealing with cannot be transferred outside probate -- there are assets that can bypass probate such as those held in living trusts; those that are held in joint tenancy, survivorship community property, or tenancy by the entirety do not need to undergo a probate process as well.
- The estate (asset) does not qualify for the state’s simple ‘small estate’ procedures -- assets that fall within this category do not need probate; instead you are just required to present a sworn statement (affidavit) to the entity or person holding the asset (you can check more information on affidavit for transfer of property at the California Court website)
- The estate contains more than just common assets -- common assets include home, bank accounts, and brokerage accounts. If you are dealing with assets that require the managing, appraisal, or selling of a business, then you will need the professional help of a probate attorney.
- The will is contested -- any family members making noise about suing over the estate, then help from a legal expert can be necessary who can help in avoidng a possible court battle.
Finding a probate attorney, San Diego, CA
There are many lawyers in San Diego, CA that can help you handle the probate works. If you are looking for some prospects, you might be interested to know about Law Offices of Ronald R. Webb, A.P.C. Our firm works with emphasis on estate planning, living trusts, probate, business and corporate law. Contact us for your inquiries.