Probate is something few of us enjoy dealing with. Unfortunately, decedents who leave a will as well as those who do not must have their estate probated. If there is a will, most people will name an executor, usually a close friend or family member. At the time the will is written, this may sound like a good idea, and that friend or family member may readily agree because they care about you. Probate can be extremely complex, especially when there are significant assets, contentious family members, or when the assets are difficult to locate or located in other states in addition to California. Virtually every executor can benefit greatly from having an experienced probate attorney serving Napa guide them through the probate process.
What few executors realize is that they have a fiduciary duty to the beneficiaries. This means the executor has an obligation to act in the best interests of the beneficiaries, or a duty of good faith, trust, confidence, and candor. If a beneficiary feels an executor has violated this fiduciary duty, the executor could potentially face a lawsuit. Even when probate goes as smoothly as possible, it can be costly, time-consuming, and, eventually, a matter of public record. Attorney Eric Gullotta can help you with all aspects of probate, from creating an estate plan that either eliminates or minimizes the need for probate, to probate administration and guidance on probate administration for executors.
About the Gullotta Law Group
Having attorney Eric Gullotta from the Gullotta Law Group helping you through the probate process or helping you plan your estate can be an invaluable asset. Eric and his legal team strive to make the process as easy and comfortable as possible for you. To take the worry that is sometimes associated with hourly fees from you, we offer fixed fees for the creation of an estate plan. This allows you to freely ask all the questions you need answered while explaining to Eric your goals and wishes for your estate plan.
You never have to anxiously watch the clock or wonder if you will be able to afford your bill—you will know right up front what it will cost and what is included in that cost. Eric and his team will involve you in the creation of your estate plan so that it is precisely tailored to you, your situation, your current needs, and your future wishes. You will work directly with attorney Gullotta throughout the process, along with his knowledgeable, personable support staff. We strive to provide a stellar experience to every single client, as well as an estate plan that allows you to rest easy, knowing your loved ones will be well taken care of after you are gone.
Most adults put off dealing with an estate plan, always thinking they will do it “later.” Unfortunately, in some cases, “later” comes sooner than expected, and your loved ones are left to deal not only with their grief but also with the legalities of probating your estate. We believe that once you have spoken to attorney Eric Gullotta, your choice of a probate attorney will be clear. The Gullotta Law Group is also excited to announce that attorney Eric Gullotta has been named the 2023 People’s Choice Award for Best Lawyer of Sonoma Valley—for the ninth consecutive year.
What Is Probate?
Probate is the legal process that must be completed when an individual dies, either with or without a will. Many people think a will or other type of estate plan is only necessary for the very wealthy, but this is simply not true. Virtually any level of assets, including bank accounts, real estate, vehicles, collections, and investments are included in the probate process. Having a will or other type of estate plan means that you can say who you want to receive your assets rather than the state of California making those decisions.
You can also name an executor in your will—the person who will be responsible for probating the will and ensuring your wishes are followed. Most executors have little to no experience with probate and can benefit significantly from having an experienced probate attorney serving Napa to guide them through the process. Losing a loved one is emotionally difficult but without assistance with probate, it can be even more difficult.
Why Would You Want to Avoid Probate?
Most people want to avoid probate when possible because it can be an extremely lengthy, expensive process. The “average” probate of a simple estate can take six months or more, while a more complex estate can take a year, even two years or more. Probate can also be expensive. California statutes govern the cost of probate, which is based on the amount of assets. Both the executor and the probate attorney are entitled to these statutory fees.
One estimate is that the “typical” probate can entail as much as 570 hours on the part of the executor, the probate attorney, and other professionals necessary to conduct appraisals, advise on taxes, and more. Finally, there is the public aspect of probate. Once the probate has been completed, it becomes a matter of public record, meaning anyone with an interest can obtain all the details associated with the estate and the probate.
What Happens in Probate Court?
The executor or probate attorney must first “open” the probate by producing the will, if it exists, and a certified death certificate. The probate court will authenticate the will, approve the named executor, and open probate. If there is no will, the court will appoint an executor to probate the estate. The executor must notify all interested parties, including beneficiaries or heirs named in the will. If there is no will, close family members and relatives will be notified.
Creditors or any party with a financial interest in the estate must also be notified. This might include the decedent’s mortgage holder, utility companies, credit card companies, and other loan holders. Inventory will be taken of the assets in the estate, including bank accounts, stocks and bonds, vehicles, personal items, collections, and real estate. If there is any doubt about the value of an asset, an appraiser will be called in to appraise the asset or assets.
The complete inventory will be submitted to the probate court and the beneficiaries. All debts and taxes will be paid. A final personal tax return will be submitted, along with an estate tax return. When all these steps are complete, the remaining assets will be distributed according to the wishes of the decedent. If there is no will, the assets will be distributed according to California intestacy laws. Finally, the executor will close the estate, and submit a final accounting to the court.
What Does a Probate Lawyer Do?
A probate lawyer can handle all aspects of probate or help the named executor with those tasks. The executor will determine the level of assistance needed or may determine that the probate should be left entirely to a knowledgeable probate attorney serving Napa. A probate attorney is also extremely helpful during the estate planning process, as he or she can help you make choices in your estate plan that can minimize or eliminate the need for probate.
How a Probate Attorney Serving Napa From the Gullotta Law Group Can Help
When you choose a probate attorney from the Gullotta Law Group, you can rest assured that we will never lose sight of your wishes and your goals. With a combination of extensive knowledge, experience, and skills, we will help you create an estate plan that is right for you, your circumstances, and your future wishes. If avoiding probate is a priority for you, we will work with you to establish trusts, POD accounts, and gifting strategies that will make it as easy as possible for your loved ones when you pass. We can also assist your named executor in the probate process, to ensure it goes smoothly and as you intended. The Gullotta Law Group and attorney Eric Gullotta are ready to work hard for you to achieve your goals. Contact the Gullotta Law Group today.
