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Probate And Trust Administration

Probate

The California Probate process is time-consuming, frustrating, needless expense and carries with it a lack of privacy. The process typically takes anywhere between nine months and two years, depending on the size and complexity of the estate being probated. A personal representative will be required to account for every penny of the estate, and there will be no flexibility regarding the splitting of assets. Fees are set by the California Probate Court and are among the highest in the country.

These are just some of the reasons to avoid probate. Much of our practice is devoted to helping our clients do so. However, if you have suffered the loss of a loved one, and are faced with the prospect of settling the estate through the California Probate Court, we can guide you through the process efficiently and compassionately. In addition, we can:

  • Help you determine if probate is necessary or whether you can use an alternative procedure
  • Prepare a Small Estate Affidavit that will make probate unnecessary if the value of the entire estate (including real estate) is less than $100,000
  • Make all required court appearances on your behalf if probate is indeed necessary
  • Often save tax dollars for those receiving money and property from the estate
  • Help resolve arguments and disputes between the parties involved in a timely and equitable manner
  • Bring our team of trusted tax and financial advisors together to help you during this process.

Trust Administration

The trust administration process can be extremely complex and involves a wide range of duties and responsibilities. These include statutory notice requirements, prompt payment of expenses, distribution of assets to heirs in the manner dictated by the trust, and many more. It is also important for you to be aware that failure to properly administer a trust can have serious financial consequences for the trustee. All of this makes the decision to serve as trustee an important one that should be taken only with a thorough understanding of the duties and risks involved, as well as the advice of an attorney.

At Liberty Law, A.P.C., we have the experience and mastery of the law necessary to make the trust administration process as efficient and stress-free as possible. We will work closely with personal representatives, executors and other fiduciaries to ensure the directives of the trust are accurately carried out. In addition, we can help you understand the risks and guide you through the process if you decide to act as trustee, or help you select an appropriate trustee if you do not want to accept the responsibility yourself.

Contact us today for an initial consultation to learn more about how we can help you probate an estate or administer a trust.
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