The procedure of settling an estate can be elaborate, regardless if there is a will. Probate refers to the oversight the court arranges for an administrator or who settles an intestate estate or to the court process of validating a will so that an executor can carry out the decedent’s intentions.
The attorneys at Kaminski Law Group have extensive experience advising executors, administrators, and trustees. We will not only guide you through every step of the complex procedures and requirements of the administration efficiently, but also provide patience, compassion and a listening ear. We will provide you with detailed advice, so you can administer your loved one’s estate as efficiently as possible.
We understand the unfamiliar documents may be confusing especially at a time when emotions are overwhelming.
Probate
Professional Fiduciaries
Probate
What is Probate?
When a deceased person lacks a legal will or the validity of a will is in question, their estate is put in probate. Probate is a way of proving the validity of a will via the judicial system. It can be a complicated and frustrating process and all too often, the result of not carefully undertaking the estate planning process.
How Much Does Probate Cost?
the state of California, probate fees are determined as a percentage of the estate’s value. You can calculate the cost of probate using our probate calculator.
How Kaminski Law Group Can Help
The attorneys at Kaminski Law Group have extensive experience advising executors, administrators, and trustees. We will not only guide you through every step of the complex procedures and requirements of the administration efficiently, but also provide patience, compassion and a listening ear. We will provide you with detailed advice, so you can administer your loved one’s estate as efficiently as possible.
Trust Administration
What is Trust Administration?
Trust administration begins upon the death of the settlor of a trust. The trustee must undertake the process of setting up an administrative trust, notifying beneficiaries, settling debts, paying state and federal taxes and more. It is often complicated even for those experienced with the process.
How Kaminski Law Group Can Help
We work to help ensure the trust administration process goes smoothly as possible to limit your burden during the stressful period after the passing of a loved one.
Estate Administration
Similar to trust administration, our estate administration services help you navigate the complexities of settling an estate. Most people have never experienced handling an estate and the scope of tasks involved can be overwhelming. We work with you to make these matters as straightforward as possible.
Probate Process in California
No Will & Probate
What is a Heggstad Petition?
Drafting a trust and funding it (changing title to your assets to the name of your trust) is a multi-step process. If a person fails to fund or title his/her property in the name of the trust during his/her lifetime the “Heggstad Petition” (named after a decedent in the case) is a means to escape the full probate process. A Heggstad Petition can create a simplified process of distributing property through a trust that initially failed to adequately fund the trust with all the property owned by the
decedent. Absent the ability to utilize this petition an executor/successor trustee of a trust would have to go through the otherwise lengthy, complicated, and expensive process of probate. However, through the use of the Heggstad Petition, the Successor
Trustee will make the argument by petition before the court that the Settlor/Trustor intended for the property not actually titled in the trust to be included as an asset of the Trust.
Should the Heggstad petition be successful, the court’s judgment will allow for the transfer of the excluded property into the trust as if it were adequately funded by the decedent.
Each probate case is unique as to why property was not included in a trust. If you are uncertain on whether you may be able to benefit from a Heggstad Petition or you are in need of assistance with trust administration, contact us for review of your case today.
Estimate probate fees, use our Probate Fee Calculator
