✔ Work Virtually and SAVE on Probate
✔ No Office Visits needed, Save Time and Money
✔ No driving or fighting with traffic
✔ Chat with an Attorney, Skype, Messenger, FaceTime, Zoom
✔ Statewide Representation for Estate Planning and Probate
Check Out Our YELP Reviews!
The Law Firm of Encinitas Probate Law has been decidedly focused on Probate. As such, Attorney Steve Bliss is an effective and dedicated probate lawyer that believes no one should be forced to expose their family wealth and misfortunes in the PROBATE courts. Notwithstanding, a legal trust with proper estate planning is the solution.
Save 20% The probate process can be stressful. Why add to it with driving in traffic and parking. No office visits are needed. We can work virtually to save you time and money. We can meet Face-2-Face with Facetime, Skype and even Messenger. Nearly all forms can be signed electronically. Allow 28 years of experience guide your California probate proceedings.
Protect yourself and future generations with proper estate planning. Estate Planning Attorney Steve Bliss is devoted to solving estate planning and trust issues. Lawyer Steven F. Bliss offers personalized estate planning and help with probate-related issues. Encinitas Probate Law has over 30 years handling probate documents and living trust formations. Proper estate planning is the solution. Call today for a free consultation. Make sure your estate planning document are handled with care.
Encinitas Probate Attorney Steve Bliss is fully versed in all matters with probate proceedings. Contact lawyer Steve Bliss for all estate-related matters, including probate, wills and trusts. Get assistance with the onerous process of California probate and help counsel you and your family when a loved one has recently passed away. Steve Bliss can answer all your questions like, how long does probate take? Contact Encinitas Probate Law and talk to the best probate lawyer in the area.
Contact Encinitas Probate Law for living trusts, special needs trusts, conservatorships. A revocable living trust is a popular estate planning tool that you can use to determine who will get your property when you die. Most living trusts are “revocable” because you can change them as your circumstances or wishes change. The main reasons for setting up an irrevocable trust are for estate and tax considerations. Work with Encinitas Probate Law to determine the best trust for you.
You’ll have to file a request in the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the legal executor representing the estate. In addition to the petition, you’ll need to file a valid will, if one exists, and the death certificate. Then the court will schedule a hearing to approve the executor (or hear objections from other parties). If you’re approved as executor, the court will officially open the probate case and you will now be able to act on behalf of the deceased’s estate.
Notice must be given by first class mail or by personally delivering a copy to each person or entity at least 15 days prior to the hearing. Each person should receive a copy of the "Notice of Petition to Administer Estate" showing the hearing date information. It is also recommended (but not required) that each person be sent a copy of the Petition for Probate with all attachments. Check to make sure that all of the persons and entitles listed on Attachment 8 of the Petition for Probate have been given notice. If additional space is needed, attach a separate page. File the signed Proof of Service by Mail with the court.
Collect, inventory and appraise all assets that are subject to probate and present them to the court, such as:
✔ Bank accounts.
✔ Retirement accounts.
✔ Stocks and bonds.
✔ Real estate.
✔ Personal effects.
Collect money owed to the estate, such as outstanding paychecks and rents. Also review any outstanding bills and debts and decide whether/how they must be paid. This may require some sleuthing on your part. You might need to go through checkbooks, emails and/or bank account to gather information. You'll need to ensure the estate's assets can cover all debts before paying them. If not, the state will prioritize creditor claims.
You'll also need to pay all applicable taxes, as well as file a final income tax return on the estate. It's usually a good idea to set up an estate account for paying the estate's final bills and expenses.
With all claims, debts and expenses paid, you'll give the remaining property to the rightful heirs and/or as the will directs. Some assets are distributed to heirs by the court (probate assets) and some assets bypass the court process and go directly to your beneficiaries (non-probate assets). In the case of a small estate, or if the decedent left his assets in trusts or gifted them prior to his death, probate may not be necessary. Probate laws can vary from state to state.
Once everything has been distributed, you’ll submit receipts and records of everything to the court and then ask for the estate to be closed – and to be released from the role of executor.
Our number one priority is that you experience the personal excellence that 28 years of experience can bring.
Call Your Encinitas, California Probate Attorney Now!
Avoiding probate is by far the most common reason why people seek out the advice of an estate planning attorney.
The significant loss of one’s estate to the payment of state and/or federal estate taxes or state inheritance taxes is a great motivator for many people to put an estate plan together.
Probate is the court-supervised process of authenticating a last will and testament if the deceased made one.
It includes locating and determining the value of the decedent’s assets, paying his final bills and taxes, then distributing the remainder of the estate to his rightful heirs or beneficiaries.
Effectively resolved probate or trust administration also requires expert accounting and tax preparation.
A trust administration is NOT a court-supervised process, yet its ultimate goal is also the transfer of property from an individual who has died (the “decedent") to that individual’s beneficiaries who are identified in the living trust.
Estate planning isn’t about the end of life, it’s about preserving the life you love. When a loved one or family member dies with just a Will, or no estate plan at all, his/her family is needed to put the estate through a court-managed process called probate. Encinitas Probate Law can handle all meetings or interactions with beneficiaries to fix issues and explain the workings of the trust which can be time consuming, challenging, if not downright exhausting.
Come visit us at our Probate Law offices in Encinitas, CA.
Get started the right way, make a plan. Get it finished as quickly as possible.