Guide to Finding California Probate Lawyer

A Brief Guide to Probate Lawyers, California

The death of a family member can create a whole world of legal concerns to navigate through. California probate lawyers help the remaining family work through the legal concerns attached to finding a deceased individual’s legal heirs.

What are Probate Lawyers, California?

Probate law can be defined as the official proving of a will, but it also applies to situations in which an individual died without drafting an actual will. California probate lawyers assist with the creation of will and filing taxes, among other duties, but their main task is assisting with the filing of documents for a probate court and appearing in the court.

What Will a Probate Lawyer California Do?

The first thing that your California probate lawyer will do is petition the court to help process your loved one’s estate and distribute its property. Then a person will be named to take responsibility for the administration of the estate, usually either the California probate lawyer or a family member. Any creditors who loaned money to the diseased will announce themselves, and the California probate lawyer will be in charge of paying them back or otherwise settling accounts. Any person who disputes the estate is established and the claims heard, then when all parties are in agreement the California probate lawyer handles the distribution of property and its associated tax burdens.

Do I Need to Contact a Probate Lawyer, CA?

Some persons choose to not hire a California probate lawyer and instead handle all areas of probate law by themselves. This can be simple, especially when there is little property and few parties involved. Not seeking a California probate lawyer may be the right choice if there is only one home willed to one person, for instance. Others manage to avoid California probate lawyers for their beneficiaries by avoiding probate all together and assembling living trusts during their lifetimes.

However, many possible complexities may make getting a California probate lawyer absolutely necessary. For instance, dates are absolutely crucial in probate courts, and if it takes an individual extra time to parse the unfamiliar language of complex legal forms, the ensuing delay could be deadly for a probate case case. If a lawsuit was being carried out either against or for the deceased, California probate lawyers will likely prove necessary to deal with the associated difficulties. One of the biggest and most common headaches is if the deceased had property in more than one state, meaning that multiple courts must have petitions filed in.

Specializations for Probate Lawyers, California

In order to graduate from law school and pass the California bar exam, all attorneys must be trained and competent in all areas of the law. Any CA probate lawyer is just as able to practice criminal law as probate law. However, able is not the same as qualified. It is simply unavoidable that some lawyers will deal mostly with particular types of cases, such as probate cases. To find these specialists and distinguish them from probate dilettantes, the State Bar of California has created a program certifying experience in differenct branches of state law including Estate Planning, Trust and Probate.

Getting a specialization in Estate Planning, Trust and Probate is far from simple. It requires meeting several stringent requirements for additional education and testing. In addition, it requires the following levels of experience from all interested CA probate lawyers:

1. Finished thirty tax plans for at least twenty separate clients

2. Transferred a decedent’s assets for at least forty persons

3. Completed fifty estate plans, at least twenty of which must include tax issues

4. Written forty administration procedures for at least twenty separate clients

5. Litigated twenty matters for at least ten separate clients.

There is really no reason not to consider CA probate lawyers who don’t meet those qualifications, since they’ll certainly still be able to argue your case in probate court. The best consideration is whether a CA probate lawyer meets all of your legal needs, but if one of your legal needs is demonstrated experience and expertise in the field of Estate Planning, Trust and Probate, then a CA probate lawyer with a specialization may be the best choice for you.

Finding Probate Lawyers, CA

There are thousands upon thousands of California lawyers, so locating the right probate lawyer, CA for you is easier said than done. That said, it becomes a much less intimidating task once a little research is conducted to try and find the right one for you. Here are a few proven methods for locating an excellent probate lawyer, CA.

1. Use the State Bar’s website to locate a CA probate lawyer who has a specialization in Estate Law, Trust and Probate. The bar maintains a database with the names of all the certified lawyers that then sorts the different CA probate lawyers by their locations practice. Look at it here.

2. Get a recommendation. Probate issues are, of course, far from uncommon, as so many deaths leave behind messy legal entanglements for beneficiaries to help sort out. This means that someone you are friends with or who you work with may be able to help you locate jus the right CA probate lawyer to meet your needs. Even one who is unable to take your case may still refer you to the perfect CA probate lawyer for you.

3. Call a referral service. These are excellent choices for individuals who might otherwise not have access to a recommendation. They entail calling the service and telling them about your particular legal needs. A trained professional at the service will then recommend the right CA probate lawyer for you. Though referral services usually charge somewhere from $20-$50, they’re a good deal because the first consultation with an attorney is included. What makes them such good resources is that all of the CA probate lawyers are pre-screened, so that you know you’re getting good work.

4. Research, research, research. Even if you find probate lawyers CA through the personal recommendation of a respected friend, you should still do a little research to make sure that they are a legitimate attorney truly able to help you. See if their practice has been reviewed online. Check with the State Bar to make sure the CA probate lawyer is a member and that they’ve never been found guilty of an ethical violation.