Probate Administration

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Probate Administration

Sacramento Probate Attorney

Have you recently lost a loved one, and are you the one who will be responsible for settling their estate? At Yonano Law Offices, P.C., our Sacramento probate attorney has nearly 20 years of experience providing legal representation to executors and administrators throughout the probate process. We proudly serve clients throughout the Greater Sacramento Area, and we would be pleased to help you too.

Why work with Attorney Nick Yonano?

  • Graduated from Georgetown Law Center
  • Extensive knowledge of California's probate laws
  • In-depth knowledge of California's real estate laws and practice
  • Licensed California real estate broker
  • Practices in the state and federal courts
  • Member of the United States Supreme Court Bar

What is probate?

Probate is the court-supervised process of validating a will, paying off a decedent's debts and taxes, transferring the decedent's property to the beneficiaries, and settling the decedent's estate.

In a probate case, if there is a will an executor is appointed to manage the estate. If there is no will, an administrator is appointed. Deciding whether or not probate is needed will depend on how the property is owned and if there is a contract with the beneficiaries; for example:

  • Title Ownership: Certain types of property passes directly to beneficiaries because how the property was owned; for example, property owned in joint tenancy, community property with right of survivorship, or bank accounts owned by several people all pass to survivors so they are not subject to probate.
  • Beneficiary Designations: In some cases all or a portion of a decedent's property passes to beneficiaries because the contract names beneficiaries. Such contracts include life insurance policies that pay benefits to someone other than the estate, bank accounts with payable on death designations, retirement benefits, death benefits, and trusts.

Are small estates subject to probate?

If an estate is worth $150,000 or less, it may NOT be necessary to go to court. There is a simplified process for transferring property to the beneficiaries' names. It's important to remember that the simplified process cannot be used for real property such as a home.

If the decedent left behind less than $150,000 in real property and some personal property, you will need to file a Petition to Determine Succession to Real Property with the court and file an Inventory and Appraisal.

To learn more about probate administration and to find out if your estate qualifies for the simplified process, contact our Sacramento probate firm to schedule a consultation with a qualified attorney!

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