Palo Alto Probate Attorneys

Helping Clients Navigate Estate Administration

Probate is an often-necessary legal process that families must undergo while their grief is fresh. This alone makes the legal and financial requirements of probate difficult to navigate, but the overall process can seem confusing and convoluted to anyone who is unfamiliar with probate. You can worry a lot less about administering a loved one’s estate, however, with a dedicated lawyer on your side.  

Gilfix & La Poll Associates LLP has more than 35 years of experience when it comes to delivering clarity to difficult legal matters and crafting innovative solutions. Probate is rarely easy for anyone to handle on their own, especially when they’re grieving. Our job is to help our clients through probate with as much ease as possible, ensuring that they have the information and services they need at all times. 

If you want to learn more about what our probate lawyers in Palo Alto can do for you, don’t hesitate to reach out for an initial consultation. 

Navigating Probate Made Easier Let our team help you through the probate process. Reach out to schedule your consultation at (650) 683-9200.

What Is Probate?

Probate is the legal process through which a deceased person's estate is administered and distributed. This process ensures that the decedent's debts are paid and the remaining assets are distributed to the rightful heirs or beneficiaries. 

In California, probate typically involves validating the will (if one exists), inventorying the decedent’s assets, appraising the assets, paying debts and taxes, and distributing the remaining property as directed by the will or state law.

What a Probate Lawyer Can Do for You

The legal team at Gilfix & La Poll Associates LLP can guide you through the complexities of this process. Our probate attorneys in Palo Alto offer valuable support and guidance, which can ensure that your loved one’s estate is administered correctly and efficiently. 

Some of the key probate services we provide include: 

• Assessing the estate: We evaluate the complexity and size of the estate to determine a plan on which steps to take during this process.
• Filing the petition: We file the initial petition to open probate with the appropriate court.
• Notifying interested parties: We ensure that all heirs, beneficiaries, and creditors are properly notified, which includes publishing notices in local newspapers.
• Inventory and appraisal: Our lawyers help inventory the decedent’s assets and obtain necessary appraisals to determine the estate’s value.
• Managing debts and taxes: We assist in identifying and paying off the decedent's debts and filing any required tax returns.
• Distributing assets: We guide the executor or administrator in distributing the remaining assets to the rightful heirs or beneficiaries according to the will or state law.
• Legal representation: We represent the estate in court, handling any disputes or challenges that may arise during the probate process. 

With our legal support on your side, you can feel more confident about the road ahead. We know that thinking about estate administration and probate is difficult right now, but we can provide the services you need to make it all easier.  

The Role of the Executor or Administrator

What is an Executor’s Responsibility?

The executor (or administrator if there is no will) plays a vital role in the probate process. Their main responsibilities include:

• Managing the Estate’s Assets: The executor gathers all the assets, including real estate, bank accounts, and personal property. They ensure that the assets are protected and maintained until they can be distributed.
• Paying Debts and Taxes: The executor is responsible for identifying and settling any outstanding debts and taxes the deceased owed. This can include medical bills, credit card debt, or taxes due to the state or federal government.
• Distributing Assets to Beneficiaries: Once all debts and taxes are paid, the executor ensures the remaining assets are distributed to the rightful heirs or beneficiaries, as outlined in the will or according to state law.

How a Probate Lawyer Assists the Executor

Managing an estate can be overwhelming, but a probate lawyer can make the process easier by:

• Providing Legal Guidance: A lawyer helps the executor understand their legal duties, ensuring they comply with all necessary legal procedures.
• Assisting with Paperwork: Filing documents with the probate court, including the petition to open probate, can be complicated. Your lawyer handles all necessary paperwork.
• Preventing Mistakes: Executors often make mistakes like improper asset valuations or failing to notify creditors on time. A lawyer can prevent these errors, which could lead to delays or legal issues.
• Resolving Conflicts: If disagreements arise between beneficiaries, a lawyer can mediate and help find solutions without needing costly litigation.

Probate Alternatives: Trust Administration and Small Estate Procedures

Living Trust Administration

Living trusts are becoming increasingly popular because they allow families to avoid the lengthy probate process. With a living trust: 

• Assets Are Transferred to a Trust: The decedent’s assets are placed in a trust during their lifetime, which allows them to pass directly to beneficiaries without court involvement.
• Trust Administration: The person appointed to manage the trust (often called the trustee) is responsible for overseeing the assets, paying debts, and distributing property, just like an executor.
• Benefits: This alternative avoids the time-consuming probate process, provides privacy, and can minimize estate taxes.

Small Estate Procedures

For smaller estates, California offers simplified probate procedures, which can save time and money. Small estate procedures typically apply if the estate is under a certain threshold, which in California is currently $166,250.

• Simplified Process: A smaller estate may not need to go through formal probate, allowing for faster distribution of assets.
• How It Works: In cases that qualify, heirs can file a small estate affidavit to claim the assets without court involvement.
• Our Help: We assist families with determining if their estate qualifies and help guide them through the simplified process, ensuring everything is handled properly.

Handling Probate Disputes and Will Contests

Common Probate Disputes

During the probate process, disagreements often arise. Some of the most common disputes include:

• Will Contests: Family members may challenge the validity of the will, especially if they feel they were left out or if they suspect fraud.
• Disagreements Between Beneficiaries: Beneficiaries may dispute how assets should be divided or question the actions of the executor.
• Creditor Claims: Creditors may challenge the estate’s asset distribution, seeking repayment of debts owed.

How a Probate Lawyer Can Help with Disputes

Handling disputes can be stressful, but an experienced probate lawyer can help by:

• Contesting or Defending a Will: If there is a valid reason to challenge a will, we can help you contest it. If you are an executor, we can defend the will against challenges.
• Mediating Between Beneficiaries: Disputes between family members can escalate quickly. We offer mediation services to help resolve issues peacefully.
• Negotiating Settlements: Often, disputes can be resolved without litigation. We help negotiate settlements that satisfy all parties and avoid costly court battles.

By working with an experienced probate lawyer, you can ensure that the probate process is handled as smoothly and efficiently as possible, minimizing disputes and delays.