How to Buy Out a Sibling on Shared Property

How to Avoid Probate in California

Understanding Probate in California

Have you ever wondered what happens to a person’s assets after they pass away? Well, in California, this is often managed through a process called probate. But what is probate? It’s a legal process where the court oversees the distribution of a person’s assets upon their death. Sounds simple, right? But there’s more to it than that.

by | May 26, 2023

Why Avoiding Probate is Essential

Here’s the thing: Probate can be lengthy, expensive, and public, which is why many individuals seek ways on how to avoid probate in California. Do you want to spare your loved ones unnecessary stress and expense after you’re gone? You might want to consider avoiding probate.

How to Avoid Probate

Now that we know why it’s essential to avoid probate, the question is: How can we do it? There are a few common ways people choose to bypass the probate process in California.

Using a Living Trust

One popular method is by establishing a living trust. Picture it like this: It’s like a container where you place your assets while you’re alive. When you pass away, these assets are distributed directly to your beneficiaries without having to go through probate.

Joint Tenancy

Another route is creating a joint tenancy. This is a kind of ownership where two or more people own an asset together. Think of it as owning a piece of cake with your best friend – you both get to enjoy it, and when you’re gone, it’s all theirs.

Payable-on-Death and Transfer-on-Death

Payable-on-death and transfer-on-death designations are other tools at your disposal. These work like a relay race baton – they pass your bank accounts or securities to your chosen recipient the moment you cross the finish line of life.

Why You Need Hess-Verdon & Associates

Now, figuring out how to avoid probate in California may seem like a labyrinthine task, but that’s where we, at Hess-Verdon & Associates, come in.

Unparalleled Estate Planning Expertise

With our unparalleled estate planning expertise, we can navigate the intricacies of probate and its alternatives like seasoned explorers cutting through a dense forest.

Dependable Trust and Probate Litigation

Dependable? That’s us. Sophisticated? That’s us, too. We’ve earned our stripes in trust and probate litigation, providing top-notch services to trustees, beneficiaries, business entities, and real estate partners.

Over Three Decades of Experience

We’re not just any firm; we’ve got more than three decades of experience in estate planning, business, and commercial litigation. We’ve been in the trenches and learned how to navigate the toughest terrains.

Conclusion

In conclusion, while probate is a part of the process, there are effective ways on how to avoid probate in California. All you need is the right knowledge and the right guidance. Let us, at Hess-Verdon & Associates, provide both. Call us today at 1-888-318-4430.

Frequently Asked Questions

  1. What is a living trust and how does it avoid probate?

A living trust is a legal arrangement made during an individual’s lifetime where a trustee is appointed to manage the individual’s assets for the benefit of the beneficiaries. Assets placed in a living trust bypass probate because the assets are owned by the trust, not the individual. Thus, when the individual passes away, the assets can be directly distributed to the beneficiaries without court involvement.

  1. Can I avoid probate without creating a trust?

Yes, probate can be avoided without creating a trust. Other strategies include setting up joint tenancies, which allows properties to pass onto the surviving owner, or using payable-on-death and transfer-on-death designations for financial accounts and securities.

  1. What assets are subject to probate?

Assets that are solely in the name of the deceased person without any designated beneficiaries are subject to probate. This can include individual bank accounts, real estate, personal belongings, and other assets.

  1. How does Hess-Verdon & Associates help in avoiding probate?

With over three decades of experience, Hess-Verdon & Associates has helped clients avoid probate through sound estate planning strategies such as setting up living trusts, advising on joint tenancy options, and guiding on the appropriate use of payable-on-death and transfer-on-death designations. Our attorneys provide comprehensive, results-oriented legal counsel tailored to the unique needs of each client.

  1. What is the best way to contact Hess-Verdon & Associates?

The best way to reach Hess-Verdon & Associates is by calling our office at 1-888-318-4430. Our team is ready to assist with all your estate planning and probate needs.

FAQ (click here)

Frequently Asked Questions

  1. What is a living trust and how does it avoid probate?

A living trust is a legal arrangement made during an individual’s lifetime where a trustee is appointed to manage the individual’s assets for the benefit of the beneficiaries. Assets placed in a living trust bypass probate because the assets are owned by the trust, not the individual. Thus, when the individual passes away, the assets can be directly distributed to the beneficiaries without court involvement.

  1. Can I avoid probate without creating a trust?

Yes, probate can be avoided without creating a trust. Other strategies include setting up joint tenancies, which allows properties to pass onto the surviving owner, or using payable-on-death and transfer-on-death designations for financial accounts and securities.

  1. What assets are subject to probate?

Assets that are solely in the name of the deceased person without any designated beneficiaries are subject to probate. This can include individual bank accounts, real estate, personal belongings, and other assets.

  1. How does Hess-Verdon & Associates help in avoiding probate?

With over three decades of experience, Hess-Verdon & Associates has helped clients avoid probate through sound estate planning strategies such as setting up living trusts, advising on joint tenancy options, and guiding on the appropriate use of payable-on-death and transfer-on-death designations. Our attorneys provide comprehensive, results-oriented legal counsel tailored to the unique needs of each client.

  1. What is the best way to contact Hess-Verdon & Associates?

The best way to reach Hess-Verdon & Associates is by calling our office at 1-888-318-4430. Our team is ready to assist with all your estate planning and probate needs.

Probate Avoidance Strategies in California

Trust & Probate Litigation Lawyers

Are you looking for a trust litigation lawyer in the Orange County area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in handling your specific issues.

Request a consultation today.

 

 

 

Trustee Topics

Beneficiary Topics

Can an Executor of a Will Take Everything. What to Know

Can an Executor of a Will Take Everything. What to Know

Can the Executor of a Will Take Everything? The Executor of the Will must abide by the last Will and testament. Now, if the Will has creditors and debts to pay before paying out to the beneficiaries, then Yes, the Executor can take everything to pay off creditors,...

Discover Affordable Probate Attorneys in Your Area

Discover Affordable Probate Attorneys in Your Area

Affordable Probate Attorney Near Me Losing a loved one is never easy, and navigating the complex world of probate and trust litigation can be overwhelming. But, what if we told you there's an affordable probate attorney near you who can guide you through this...

Probate Avoidance Strategies in California
“I have been working with this firm since 1994; you can’t beat a firm like this, that is so ethical and competent.”
Dixie Fisher

Client Since 1994