Probate lawyers in Orange County understand that while we’re well-versed in the topic, it is a whole new world to most of our clients.  That means that you likely have lots of questions that you need answered.  Fortunately, answering those questions is exactly what we do!

Do the Orange County Probate Courts Have to Be Involved?

One of the most common questions asked when someone dies without a will is whether or not the courts must be involved.  The short answer to this is “yes” — unless you literally have no assets in your name. The Orange County probate lawyer helps to guide the estate through the process.

The probate court’s job is to ensure that the decedent’s affairs are legally concluded.  This typically means that someone is appointed to be in charge of the estate and follow through with transferring property to heirs as deemed appropriate.  In addition, court fees, estate taxes, creditors, and all other applicable costs will be paid out of the estate.  When this person is named by the courts, he or she is usually either referred to as the personal representative or the administrator.

Who Inherits the Estate?

When an estate goes into probate in Orange County, the proper division of property is determined by the courts.  Each state can have its own laws in regards to how the property is divided, so working with a probate attorney in Southern California, is the best way to ensure you understand what applies in your case.

The most common method of distribution is for property to go to family members.  Most states, after paying the associated fees and other outstanding costs, will award money and property first to a current spouse and children of the decedent.  If this person is unmarried and/or without children, the estate will likely go to parents, with siblings, grandparents, and aunts and uncles falling in line after those.  In cases where no family members are found, the estate can become property of the state.

How Can I Avoid Probate in California?

The best way to avoid probate, of course, is to plan.  An probate lawyer or estate planning attorney in Orange County can help you determine your needs and goals and get you set up with the right documentation to make sure that your wishes are outlined well in advance.  That way, you make the decisions about your estate, instead of leaving it in the hands of the courts.

As an Orange County probate lawyer, one of the most important things I help clients determine is who they want to be the beneficiaries of their estate when they pass away.  While at the forefront this may seem like an easy decision, the process can get quite complicated if you have specific assets that you’d like to leave to very specific individuals.

For example, you may want to split things up and leave your house to your oldest child, an expensive jewelry collection to a niece, journals and memoirs to a granddaughter and a modest financial gift to your favorite charitable organization.  On the other hand, you may want to make it easy and just leave everything to your spouse or one specific person upon your passing.

But in either case, have you thought about what would happen if any of your chosen beneficiaries were no longer living at the time of your death?

I can tell you in my experience as an Orange County estate planning attorney that many people don’t, and this oversight easily opens the door for unnecessary complications and headaches later down the road (which again is why DIY wills are so dangerous—it often takes an attorney to point out things you should be adding to your estate plan for maximum protection).

Fortunately there is an easy solution to this, and that is naming alternative beneficiaries to inherit the assets that comprise your estate.

So let’s say for example that you want to leave a piece of property to a very close family friend, Mary.  She would be your designated beneficiary of that asset.  You would then name an alternative beneficiary in the event Mary dies before you do.  In this case you may choose to leave the property to your nephew Bob if Mary is no longer alive to inherit the asset.

As you can see, this clears up any confusion and will ensure your inheritance does not wind up in the hands of someone you would never want to have it if your original beneficiary predeceases you.

Yet I realize many people avoid taking this extra step to name alternative beneficiaries because it can be painful to think about.  This is especially true for parents who want to leave everything to their children and can’t bear the thought of a child dying before them.

While as a parent myself, I certainly understand and sympathize with this fear, but it’s also important to remember that you are doing your surviving heirs a huge favor by dealing with this issue so they don’t have to.  You don’t want a judge who doesn’t know you or your family deciding what to do with the property or assets in question, and that is exactly what could happen if you don’t name someone else in the alternative.

So if you have a will that does not name alternative beneficiaries in the event your chosen beneficiary precedes you in death, I suggest you to meet with an Orange County probate lawyer to discuss how to update your estate planning documents.   By simply mentioning this article, you can come in for a Family Wealth Planning Session (normally $750) free of charge at our Newport Beach office. Simply call (949) 260-1400 to reserve your spot.