Probate is the legal process of settling a deceased person’s estate. If the deceased person has an estate with a value in excess of $166,250, someone will need to request to file probate to be appointed personal representative of the estate. People often think they need a probate lawyer to file probate. After all, the probate process requires filing many court documents and completing a variety of tasks over a 9 to 12-month period. The probate process involves accurately accounting for the deceased person’s assets and debts. During probate, the personal representative will pay the decedent’s creditors and taxes on the estate. At the end of probate, the court will order the personal representative to distribute the deceased person’s assets to the heirs and beneficiaries based on the will or California intestate laws.
All estates are different, but the steps to probate estates are very similar with some slight variances. Unfortunately, the probate process is time-consuming and can be extremely confusing and frustrating if you don’t know what you’re doing. If you hire an attorney, the probate process can also be costly! Keep in mind, some estates do not have to go through probate at all. If the estate of someone in your family needs to be probated, they may not be aware that they can do it on their own and don’t need a probate lawyer to complete the process.
When You Need a Probate Lawyer
The probate of most estates runs its course without the personal representative of the estate needing to hire a lawyer. Probate cases that may need a probate lawyer are when there is some complicating factor, such as when:
- The authenticity of the will is disputed;
- Heirs disagree about who the representative of the estate should be;
- A dispute exists about which assets are exempt from the process;
- There is a dispute as to the rightful heirs of the decedent’s assets.
Fulfilling Your Responsibilities Without Hiring a Lawyer
The responsibilities of probate might seem daunting, but do not worry. California has designed its probate process so that a legal document assistant experienced with the process can assist with the process, not just lawyers. California also has several options for simplified probate. These processes are available for estates that do not have a high value. Probate is mostly paperwork and knowing how to move the case through the court process. So, although you may not need a probate lawyer, it is crucial to complete the paperwork and file the documents correctly. If you do not do this, then the process could take longer, and you could end up having to pay extra fees and costs.
A good solution is to hire a legal document assistant that not only prepares probate documents, but also makes sure the case proceeds through the required steps in a timely manner. A legal document assistant is not a lawyer, and therefore they charge a fraction of what lawyers do. California probate lawyers charge statutory fees based on the gross value of the estate. In this regard, it doesn’t make sense to pay a lawyer for the services that a legal document assistant has the ability and authority to provide. A legal document assistant is also not a paralegal; paralegals cannot prepare legal document services, but legal document assistants can. People that use the services of a competent probate legal document assistant will save thousands of dollars as compared to hiring a probate lawyer.
Painless Probate with a People’s Choice
Hiring an experienced probate legal document assistant to prepare your probate documents is most certainly an economical and wise choice. More importantly, it will help you settle your family member’s estate without stress or unnecessary delays. A People’s Choice has helped thousands of people file probate in California without having to hire an expensive attorney. Avoid statutory probate fees. Contact A People’s Choice about our full-service, non-attorney probate document and case management services by calling 800-747-2780 today.
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