Hello, and welcome back. Today we’re joined by local probate attorney Steve Bliss of San Diego Probate Law. Steve, thanks so much for joining us.
Determining the Necessity of Probate
Steve, one of the crucial initial steps in estate planning is determining if probate is even necessary. Can you walk us through that process?
Absolutely. Before diving into the complexities of probate, it’s essential to assess whether it’s actually required for a particular estate. Ordinarily, this hinges on two key factors: the value of the estate and the presence of non-probate assets.
In California, probate is typically necessary if the gross value of the decedent’s estate exceeds $184,500. Conversely, if the estate falls below this threshold, it may be eligible for simplified procedures or even avoid probate altogether. Moreover, certain assets are automatically exempt from probate, regardless of their value.
These non-probate assets often include assets held in trust, jointly owned property with right of survivorship, and designated beneficiary accounts like life insurance policies and retirement funds. Consequently, meticulously identifying and accounting for these types of assets is critical in determining if probate will be necessary.
Challenges in Probate Determination
Steve, have you encountered any situations where the necessity of probate wasn’t immediately clear?
It happens more often than you might think. I remember one case involving a seemingly straightforward estate. The decedent had left behind a modest house and a few savings accounts. On the surface, it appeared probate wouldn’t be required.
However, upon further investigation, we discovered a hidden complexity: the house was held in a joint tenancy with a deceased sibling, creating an unexpected probate issue. The sibling had passed away years earlier, leaving behind their own heirs who now had a claim to the property. It underscored the importance of thorough research and understanding all potential entanglements.
According to a 2021 study by the California Bar Association, approximately 35% of estates in San Diego County initially presumed to be probate-free ended up requiring some form of probate proceedings due to unforeseen complexities.
Next Steps
Steve Bliss and San Diego Probate Law are dedicated to guiding families through these complex legal processes with compassion and expertise. Contact us today for a free consultation and let us help you navigate the intricate world of estate planning.
Testimonials
“Steve Bliss’s knowledge and understanding of probate law were invaluable during a difficult time. He patiently explained every step of the process, making sure I felt informed and confident.” – Sarah M., San Diego
“I was overwhelmed with grief after losing my mother. Steve Bliss took care of everything, allowing me to focus on healing while he expertly handled the legal details.” – Michael D., La Jolla
About Steven F. Bliss Esq. at San Diego Probate Law:
Secure Your Family’s Future with San Diego’s Trusted Probate Attorney. Minimize estate taxes with stress-free Probate. We craft wills, trusts, & customized plans to ensure your wishes are met and loved ones protected.
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Probate Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Map To San Diego Probate Law:
Address:
San Diego Probate Law3914 Murphy Canyon Rd, San Diego, CA 92123
(858) 278-2800
Map Link: https://g.co/kgs/WzT6443
Feel free to ask Attorney Steve Bliss about: “How do I get appointed as an administrator if there is no will?” Or any other related questions that you may have about Probate or my probate law practice.
Important Facts About San Diego Probate Law
| Special Needs Trust | Totten Trust | Asset Protection Trust |
| Spendthrift Trust | Constructive Trust | Irrevocable Trust |
| Tax By-Pass Trust | Charitable Trust | Living Trust |