San Bernardino Probate Lawyer Assisting With Small Estates Handled Without The Court Process

Businesswoman writing on a formCalifornia does not require a probate each time someone passes away. If the estate’s total assets are under $150,000, and real property (meaning real estate), is not involved then the case may be handled through a more streamlined process. Hiring counsel can help you determine whether that streamlined process is available and, if it is, help to ensure that it goes as smoothly as possible. Candice Garcia-Rodrigo is a San Bernardino probate lawyer assisting people in Rancho Cucamonga and throughout the Inland Empire with this process. Contact our office today to speak with an attorney.

Probate lawyer assisting San Bernardino County residents in small estate cases

California does not require all matters to proceed through probate. If the estate has less than $150,000 in assets, and no real property, then a streamlined process may be followed. Certain assets are not included when determining whether the estate is over this monetary threshold. Assets not included in the calculation include:

  • Jointly owned property which goes straight to a surviving spouse
  • Multiple party accounts (such as bank accounts)
  • Payable on death accounts
  • Property held in a living trust
  • Registered motor vehicles
  • Registered mobile homes

If the estate’s assets total less than the $150,000 threshold then assets may be distributed through simplified Affidavit Collection Procedures. An heir who is entitled to a certain personal property then signs an Affidavit of Small Estate in front of a notary claiming that he or she is entitled to that asset, after forty days have elapsed from the date of the decedent’s death. The holder of the asset, such as a bank, then transfers the property to the heir. If there is a will, then it must be lodged within thirty days of the deceased’s death, and a copy presented to the holder of the asset. When dealing with real property valued at less than $150,000, the heirs may have the real property transferred by use of an Affidavit filed with the court, along with an Inventory and Appraisal Report. Hiring an attorney can help with the process of ensuring that the estate is properly valued, that the will is properly lodged, and that heirs receive their inheritance in a timely manner.

Candice assists people throughout San Bernardino County with the handling of small estates. Once retained she will take steps to ensure that the assets are properly valued. She will then lodge the will with the Court and assist heirs with preparing and signing the necessary documents so that they may have property transferred to their ownership. Should an heir have difficulty receiving their asset, then she will give the necessary assistance so that the transfer may be completed. We recognize that even a “simple” estate can be stressful to the heirs, who have just lost a loved one, and we will take steps to expedite the process as much as possible. Contact our San Bernardino office today to speak with a lawyer. Our attorney also services Rancho Cucamonga, Fontana, Ontario, Victorville, Rialto, Hesperia, Chino, Upland, Apple Valley, Redlands, Highland, Colton, Yucaipa, Montclair, elsewhere in the Inland Empire, as well as Los Angeles.

San Bernardino estate lawyer staying in contact with the heirs

We understand that even a “simple” case can seem overwhelming. Our lawyer takes steps to ensure that she is in contact with her clients throughout the process and that their questions are answered. We promptly return phone calls, emails, and other messages. We also make ourselves available to answer questions and help our clients to understand what to expect as the process moves forward. We are ready to assist you.

In addition to the types of case described above, we also assist in matters involving probate, the administration of a living trust, disputes regarding a will, and more. All cases must be properly reviewed prior to determining applicable law and likely conclusion.

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