Thinking about our own death, how our loved ones will cope after our death, or considering an unexpected disability are not subjects most of us are anxious to discuss. In fact, a recent survey found that only one in three American adults have an estate plan. More than a third of the respondents to the survey stated they have not engaged in estate planning because they feel their assets are insufficient to warrant an estate plan. This is simply not true—almost every adult can benefit from having some level of estate plan. Having an estate plan in place can significantly affect the probate process for your loved ones while affording you peace of mind about the future.
More than half a million Americans pass away each year without a will or estate plan, leaving the fate of everything they own to state law. How can you be sure your wishes are carried out with your family in mind when the unavoidable happens? A comprehensive estate plan organized by you with the help of a probate attorney ensures that these difficult decisions are made thoughtfully and with your family first. Eric Gullotta is a trusted probate attorney serving Healdsburg who offers pressure-free, compassionate counseling services.
Eric works proactively with each client to help tailor his services based on their wishes. His unique method of effective and straightforward estate planning establishes a plan that takes the burden of administration off of your family and secures their financial future. Give Eric Gullotta a call at (707) 938-7234. We are standing by to answer any questions you may have.
Why Choose a Probate Attorney Serving Healdsburg From the Gullotta Law Group?
While you have many choices when you are seeking a probate attorney serving Healdsburg, at the Gullotta Law Group we believe once you have spoken to attorney Eric Gullotta, your choice will be clear. At the Gullotta Law Group, our goal is to make estate planning tasks—including probate—as easy as possible. When creating an estate plan for our clients, we tailor each plan specifically to the individual’s needs and wishes, translating that into a comprehensive estate plan.
Unlike many other firms, we believe every client should have regular, direct, and continuing contact with Attorney Gullotta and his support team. The Gullotta Law Group offers a flat-fee estate planning option that allows you to have an estate plan that exactly fits the needs of you and your family without constantly worrying about hourly fees. This is a significant benefit as you will never feel rushed during the unlimited initial planning time with Attorney Gullotta.
After the initial planning stage, you have unlimited phone calls and emails with Eric and our staff, with all follow-up questions answered at no additional charge. Just as valuable is the support for your successor in the form of a one-hour free consultation that will set them on the right track to administering your estate.
Planning your family’s financial future after you’re gone is a stressful process. And California State Law is incredibly nuanced—one wrong word or missing signature can change the entire intent of your will or estate plan. This is why so many Americans delay the process of planning until it’s too late. Eric goes to great lengths to make your experience in his office stress-free. His lighthearted yet professional demeanor helps take the edge off during one of life’s most serious talks. The entire process is easy and stress-free. When you leave his office, you will have peace of mind. If you are searching for an experienced, knowledgeable, highly-skilled probate attorney serving Healdsburg, we ask that you consider the Gullotta Law Group.
What Are the Probate-Related Areas Handled by the Gullotta Law Group?
There are many different aspects related to probate that an experienced probate attorney serving Healdsburg can assist you with. When you choose the Gullotta Law Group as your probate attorney, you can expect to receive exemplary support from a highly experienced attorney. Eric Gullotta has been named the 2023 People’s Choice Award for Best Lawyer of Sonoma Valley—for the ninth consecutive year. You will greatly benefit from the knowledge, skills, and client-centered service you will receive from Eric and his staff. The probate areas we can assist you with include:
- Setting up your estate plan so that it either avoids probate or includes a minimal level of necessary probate
- Assisting your loved ones with the probate process
- Administering an estate plan and probate for those who are not comfortable handling the process
What Is Probate?
Strictly speaking, probate is the validation of a decedent’s will, however, the term “probate” is often used to refer to the entire administration of a decedent’s estate. During probate, the court either approves a person named as executor in the decedent’s will or names a person to gather assets, determine which debts and taxes are outstanding, and distributes what is left to the beneficiaries entitled to the decedent’s assets. Probate can be more complex than most people realize, and those named as executors in the wills of loved ones may not have a clue as to how they should proceed with probate.
What Should I Expect From a Healdsburg Probate Court?
Dealing with the death of a loved one can be emotional and difficult. If you are responsible for navigating a California probate court following the death of a loved one, the challenges can multiply exponentially. If your loved one left an estate plan that names you as executor, you must present the will in probate court and be legally named by the court as executor. If there is no will, or no executor is named in the will, the court will choose an executor. Typically, probate will take months to complete for a relatively simple estate, while more complex estates can cause probate to last well over a year—particularly when there are challenges to the will.
As executor, you will file a petition with the court to initiate the probate process, submitting a certified death certificate and any other necessary information. The court will authenticate the will, then you will notify the beneficiaries or heirs named in the will as well as any creditors with a financial interest in the estate. Inventory will be taken of all assets in the estate, with appraisals being ordered when necessary. All of the decedent’s outstanding bills will be paid from the estate, and the final taxes for the decedent will be filed.
Medical and life insurance claims will be filed, and when everything has been properly attended to, the assets will be distributed to the heirs. The estate will be closed after all necessary tasks have been completed, then you will file a petition to dissolve the estate, and all information associated with the probate will become public. Probate court can be an intimidating, time-consuming process that can benefit from a probate attorney serving Healdsburg from the Gullotta Law Group.
If an Individual Leaves No Estate Plan Must Their Estate Go Through Probate?
Many people mistakenly believe that if a decedent leaves no will, there will be no probate. Probate is required when there is a will and when there is no will or other type of estate plan. Probate without a will is generally more complex. An individual close to the decedent will submit a death certificate and initiate probate proceedings. An estate representative will be appointed by the court, then the “normal” probate process will be followed up to the point of asset distribution.
If a spouse dies intestate—without a will—the surviving spouse is entitled to some or all of the estate in California after filing a California Spousal Property Petition, Form DE-221. Assets held in joint tenancy, those in a living trust, retirement accounts, life insurance accounts with a named beneficiary, payable on death accounts, life estates, and marriage/community property may go directly to the surviving spouse without going through probate. When a person dies intestate in California, 100% of community property will go to the surviving spouse of a decedent with no will. The decedent’s separate property will be distributed as follows:
- If the decedent had one child, separate property will be divided between the child and the surviving spouse.
- If the decedent had no children, grandchildren, parents, siblings, nieces, or nephews, the surviving spouse is entitled to all of the decedent’s separate property.
- If the decedent had more than one child, the surviving spouse is entitled to one-third of the separate assets, and the children split the remaining two-thirds.
- If the decedent was unmarried at the time of his or her death, any children of the decedent or grandchildren if the children are not alive, will split the assets equally.
What Are Some Important Probate Forms in the State of California?
There are many, many probate forms that are used in a California probate, however, the following are the most commonly used probate forms:
- Petition for Probate (DE-111)
- Notice of Petition to Administer Estate (DE-121)
- Duties and Liabilities (DE-147)
- Confidential Supplement to Duties and Liabilities (DE-147S)
- Order for Probate (DE-140)
- Letters (DE-150)
Who Needs an Estate Plan?
An estate plan is a series of preparations that serves to manage your assets when you pass away. Included in these plans are:
- Management of assets including bank accounts, cars, property, and other items of value
- Directives for health care decisions
- Directives for inheritance for family heirs, distributed fairly and in accordance with your wishes
- Assigning specific assets to third parties who would not normally receive them
Eric will build your own estate plan based around your wishes, and tailor it to fit your specific needs perfectly. Estate plans are not solely for individuals with high net worth. Everyone can benefit from thoughtful planning.
Planning for the distribution of your assets and decision making is crucial for your loved ones. The Gullotta Law Group can help you plan every detail so you have full peace of mind. It can be anything from putting money to the side for a grandchild’s college fund to providing for a special needs family member or friend.
If a plan is not in place, it can lead to the state distributing your assets generically, disputes among your family, and very high probate lawyer fees.
Why Should You Hire the Gullotta Law Firm When Looking for a Probate Attorney Serving Healdsburg?
Gullotta Law Group has gained a reputation for effective, stress-free legal counseling based on our attention to detail and genuine compassion for our clients. Our focus is on getting to know each client and making them proactive participants in the planning process. Each plan is tailored to perfectly fit our client’s wishes.
To speak with a probate attorney serving Healdsburg, contact Eric Gullotta today at (707) 938-7234 for your FREE consultation.
