Frequently Asked Questions About Probate and Estate Planning in California

Planning for the future or navigating the probate process can feel overwhelming, but having the right legal support makes all the difference. Whether you’re looking to protect your assets, secure your family’s financial future, or handle the estate of a loved one, you need an attorney who understands the complexities of estate law and provides personalized guidance tailored to your needs.

At Hayes Law Firm, our lead attorney, William Hayes, brings 40+ years of experience and a hands-on approach to every estate planning and probate case! Below, we’ve answered some of the most common questions about wills, trusts, probate, and asset protection. 

However, if you’re looking for specific information related to your situation, it’s best to contact us and schedule a consultation – it’s free!

Estate Planning

What happens if I don’t have an estate plan?
Without an estate plan (or at least a will), your assets will be distributed according to California’s intestacy laws, which may not reflect your wishes. Your loved ones may also face lengthy and costly probate proceedings.

Can I update my estate plan later?
Yes, you can and should update your estate plan whenever significant life changes occur, such as marriage, divorce, the birth of a child, or acquiring new assets.

How long does the estate planning process take?

The timeline varies depending on the complexity of your needs. However, our Monterey Park estate planning lawyer works efficiently to create a thorough plan as quickly as possible.

Do I need a trust if I already have a will?

Wills and trusts serve different purposes. While a will outlines asset distribution, a trust can help you avoid probate, manage assets during your lifetime, and provide additional privacy.

Probate

How do I get a certified copy of the death certificate to initiate probate?

You can get a copy of the death certificate by contacting the County Recorder’s office in the county where your relative passed away. 

What assets are exempt from probate?

Assets exempt from probate in California include:

• Assets owned in joint tenancy with another person
• Survivorship community property owned with the decedent’s spouse
• Life insurance funds
• Assets in a living trust
• Accounts for which a payable-on-death (POD) beneficiary has been named

How long does probate take?

Probate generally takes between 12-18 months to be fully resolved, depending on the complexity of the estate, so it’s best not to wait to initiate the process – book your free consultation today.