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Work With A Certified Specialist In Your California Probate Matter

Our firm founder, Darrell Brooke, is a certified specialist in estate planning, trust and probate law. As the only estate planning lawyer in Monrovia with this certification, he provides experienced California probate guidance.

Get effective probate representation; work with the Monrovia team at The Brooke Law Group, PC. We offer focused probate administration representation.

How Our Team Improves The Probate Process

While effective estate planning can often negate the need for California probate, the location of assets may require probate. The 2021 probate threshold in California $166,250. Any estate with assets worth $166,250 or more must go through probate. Assets that have beneficiaries, are payable on death or are held in a trust are not part of an estate and do not count toward the $166,250 amount. Working with an attorney can provide needed insight and guidance as to whether or not an estate requires probate.

When probate is required, we are prepared to help. We assist with:

  • The submission of the last will and testament to the probate court
  • All required filings and inventories
  • The location, appraisal and sale of property
  • The paying of all taxes, including inheritance taxes, and claims against the estate
  • The collection of life insurance proceeds
  • The distribution of the assets

Attorney Darrell Brooke and the rest of our team can also assist with related matters such as estate disputes, will contests, elder law, tax concerns and guardianships and conservatorships.

What happens if you don’t file probate in California?

In California, if you don’t file for probate when it’s required, the assets of the deceased may remain inaccessible. The court won’t be able to legally transfer the assets to the rightful heirs or beneficiaries. If someone dies with property that needs to go through probate, not filing can lead to complications, including potential legal and financial consequences for the deceased’s estate and their heirs.

How long does probate take in California?

Probate in California can take anywhere from several months to a few years, depending on the complexity of the estate. Simple estates can be resolved within six to nine months. However, if there are disputes, significant assets, or complications, the process can extend beyond a year or two.

Is there a time limit to file probate in California?

In California, the executor must file the probate petition within 30 days of notification of the testator’s death.

What happens if there is no will?

If there is no will, California’s intestacy laws come into play. The court distributes the estate according to a set hierarchy of relatives. The decedent’s assets will be allocated to the closest relatives in an order determined by law, starting with the spouse and children, and then moving to other family members if there are no immediate kin.

How can I avoid the probate process in California?

To avoid probate in California, you can create a living trust where all your assets are held in the trust and managed by a chosen trustee. Upon death, the assets can be transferred to the designated beneficiaries without going through probate. Other ways include designating beneficiaries on accounts (POD/TOD), joint ownership with right of survivorship, and gifting assets while you’re alive.

Making California Probate As Smooth As Possible

We work to use our experience, skills and knowledge to make your California probate process move accurately and efficiently forward. Partner with Darrell Brooke and team for assiduous assistance.

Easily accessible off the 210 Freeway with free parking, we are also available via video conference or phone. Reach our team at 626-471-5519. You can also make use of our intake form to get the process started. In Monrovia, we serve clients in San Bernardino and the Inland Empire.