Law Office of  William D. Harlan 1440 North Harbor Boulevard  Suite 800                                             Fullerton, California 92835         Phone: (714)  449-3360                  

Welcome to California Probate.

If you should be a resident of California at the time of your death, your house, investments, retirement accounts, life insurance, etc. will be transferred to your heirs. If you do not have a Will and even if you have a Will, the transfer of your property will be done through the Probate Court.

This depends upon two things:

1) Did the deceased person die without a will?

2) Did the deceased person die with a will?

When a person dies without a Will, a Probate Judge and a Probate Attorney will transfer the estate to the legal heirs of the decedent through a process known as Intestate Succession.

When a person dies with a Will (this is known as Testate Succession), a Probate Judge and a Probate Attorney usually transfer the estate to the people who are named in the Will. This is assuming that no one comes forth to contest the will and no other complications occur during the Probate Process.

YES! BELIEVE IT OR NOT your estate must go through probate whether you have a Will or not!! WHERE THERE IS A WILL OR NOT, THERE IS PROBATE!

Probate is the orderly administration of your estate which is supervised and administered by the Court. The word Probate comes from the Latin word to prove. A will must be presented to the probate court and proven to be a valid document. Because this process is handled in court and involves legal issues, it becomes so complex that most people need a Probate Attorney to assist them.

The fact that a person has a Will only helps the Probate Judge decide who shall receive the deceased person's property. A Will does not prevent Probate, but rather qualifies you for it. Since a Will is only an expression of someone's wishes, it will not guarantee that the deceased person's wishes will be followed as outlined in their Will. The legal system (through the Courts) will make the final determination over who gets your property. The Will is used as a guideline by the Probate Judge for distribution wishes.

1. Taking an inventory of all property and appraising the value;

2. Notifying creditors and all potential heirs named or not named in the Will;

3. Paying the deceased person's debts and taxes;

4. Preparing a final accounting for the Court;

5. Distribution of the remaining assets to the heirs and closing the estate.

1. You own your own home;

2. You own real estate;

3. Your total Gross Estate (before deductions for debts and expenses) is valued in excess of $100,000.00;

4. If you have minor children (under the age of 18).

Because the California Probate process is so complex, no one should attempt to probate an estate without help of an experienced probate attorney.

Because of email, faxes and overnight mailings, we are able to assist families who live in other states probate estates that are located in California. Before you begin a probate process in California, call my office to see if we may be of assistance. We handle probate throughout the State of California.

1. Find the Last Will and Testament (if any);

2. Make a list of the names and addresses of all named heirs of the deceased person,including, but not limited to: spouses, children (alive, deceased, step-children, and adopted children), and those persons who are named as executors or estate representatives;

3. Obtain a copy of death certificate;

4. Obtain Copy(s) of Deed(s) to home and other real estate;

5. Obtain copies of bank statements, investment statements, life insurance policies, annuities, certificate of deposit statements, etc.;

6. Call my office at (714) 449-3360 or Toll Free at (888) 751-1437 to discuss the above items and to see if probate is needed. In many situations, we can avoid probate once we have been informed about the assets the deceased person owned at the time of his or her death.

We are able to assist you with any probate matters within the state of California. In most situations, you will never need to be in Court, we make all the necessary appearances. Because of modern technology we can fax, email and overnight documents to you for signing.

Normally our fees are not paid until the probate is completed and the fees have been approved by the Court. We do require that the cost to administer the estate (Court filing fees, appraisal fees, publication costs, bonds, etc.) be paid by the family or person who serves as the executor or estate representaive.

Most probates are settled within nine to twelve months from the date of filing the probate petition with the Court.

If you should have additional questions you may call our office at (714) 449-3360 or Toll Free at (888) 751-1437.