Probate, Conservatorship & Guardianship:

The procedures described on this page are generally the least favorable approach to resolving issues associated with the death or incapacity of a loved one.  Advance planning can almost assure that the following procedures will be either unnecessary or minimally inconvenient under most circumstances.   If a client finds themselves in a situation where a loved one has become incapacitated or deceased without have been able to implement some of the planning tools described elsewhere in this site, some of the following procedures may be inevitable.

Our Firm will help you through the complicated California probate process, from start to finish.  We are dedicated to answering all of your questions and concerns in a timely manner with quality advice and compassion.   We can also help you understand your rights as an heir, beneficiary or creditor of a probate estate.  We can probate an estate in San Diego, Orange, Riverside, San Bernardino or any other County in California.

Probate:

Probate is the process that transfers legal title of property from the estate of the person who has died (the "decedent") to his or her proper beneficiaries. The term "probate" refers to a "proving" of the existence of a valid Will, or determining and "proving" who one's legal heirs are if there is no Will. Since the deceased can't take it with him, probate is the process used to determine who gets his or her property.  The process in California is Court supervised and can take a year or more to complete.  A probate is not generally required at the death of the first spouse in California or if the deceased person’s estate is less than $100,000.00.  Probate fees and costs are established by law in California and are a significant percentage of the estate.  Probate fees, for the attorney and the executor for a $1,000,000.00 estate, would be approximately $46,000.00.  There are other numerous costs and expenses that would be incurred in addition to the aforementioned fees. 

In most cases, a simple Living Trust would make the probate of a loved one’s estate unnecessary. 

Conservatorship:

A conservatorship is a court proceeding in which a Judge appoints another person to make financial and healthcaredecisions for someone unable to do so themselves.  The process can be very humiliating for the proposed conservatee and can be quite expensive.  Although they cannot be avoided in certain circumstances, a properly executed a Power of Attorney and Advance Healthcare Directive can avoid their necessity in most circumstances.  Our firm is expertly competent in handling conservatorship matters, including opposing them if appropriate.  Conservatorship matters are particularly sensitive and our staff will make every effort to make the process as dignified as possible for the proposed conservatee.

Guardianship:

Like a conservatorship, a guardianship is a court proceeding in which a Judge appoints another person to make financial and healthcare decisions.  The primary difference between these two proceedings is that a Guardianship is established for minor children only.  A Guardianship can result when the child’s parents are deceased or otherwise unable to care for them.  The chances of guaranteeing that the outcome of a Guardianship proceeding results in the appointment of a Guardian of your choosing are significantly greater if a nomination is made by the parents.  This nomination can easily be included during the drafting of a Living Trust.  Our firm has handled numerous Guardianship proceedings and can advise you on all of the issues you may face during both the implementation and administration phases of the process.