Probate & Trust Administration Attorneys in Santa Rosa, CA

Probate and trust administration are perhaps two of the most complex aspects of estate planning. They involve the execution of a deceased person's will and the management and distribution of their assets. These processes can be intricate, and it is crucial to have legal counsel to prevent potential disputes, ensure compliance with the law, and protect the interests of all parties involved.

At Smith Dollar, our legal team puts competence and experience to work for you in the probate process and as a trustee in revocable and irrevocable trust administration. 

Our attorneys provide critical guidance and support to executors and interested parties in California probate. We can assist in understanding and complying with the legal obligations and can help mitigate potential disputes during the process to reduce the likelihood of litigation. 

In trust administration, we can assist trustees in navigating their fiduciary duties and provide counsel on interpreting the trust document’s terms, asset management, beneficiary notifications, and the complexities of distributing the trust property. 

Furthermore, we can assist in preparing and filing the necessary tax returns, addressing potential legal issues, and providing legal defense if a trustee faces a legal challenge.

Discuss your needs with a Santa Rosa probate and trust administration lawyer in a complimentary consultation by phone, videoconference, or in person. Reach us via our contact form or call a team member at (707) 405-7391. 

Probate

Probate is the legal process of administering the estate of a deceased person, resolving all claims against the estate, and distributing the deceased person’s property. These are called testamentary probate proceedings if a person dies with a will. If they died without a will, the person is said to have died intestate.

When one dies without leaving a will, the probate court is generally called upon to distribute the deceased person’s assets according to state laws. Again, these proceedings are often handled like bankruptcy cases, with priorities being established and untimely and inferior claims being extinguished by court order.

The Probate Process

The general steps of the California probate process include:

• Validation of the Will: The probate court verifies the authenticity of the deceased's will.
• Appointment of Executor: If the will designates an executor, the court will confirm them. The court will appoint one if there is no will or nominated executor.
• Asset identification: The executor identifies and takes inventory of the deceased's property, including real estate, investments, and personal belongings.
• Property appraisal: The executor determines the fair market value of all the deceased's property.
• Debt payment: The executor pays off any debts or taxes the deceased owes.
• Property distribution: Following debt payment, the remaining property is distributed as the will directs.

California has different types of probate based on the value of the deceased's estate. These include standard probate for estates valued at a certain threshold and simplified procedures for smaller estates.

Trust Administration in California

Trusts are legal arrangements created by a trustor that hold title to and manage assets for the person’s named beneficiaries. Trustees designated by the trustor have the fiduciary duty to manage the trust property according to the trust document's terms and for the beneficiaries’ benefit. This obligation requires them to act in the best interests of the beneficiaries, avoiding conflicts of interest.

When the trustor passes away, the trustee is responsible for administering the trust. This process includes notifying the beneficiaries, gathering and safeguarding the trust's assets, paying debts or taxes, and distributing the trust property per the trust instructions. 

A Leading Probate & Trust Administration Firm for the North Bay

At Smith Dollar, we understand the complex nature of California probate and trust administration, your potential challenges, and the importance of preserving your legacy. Our professionals can guide you through the legal maze and work to ensure that will and trust terms are fulfilled and that your family’s future is secure. 

We strive to provide peace of mind amidst an often challenging journey, proving that Smith Dollar is a partner you can trust.

Contact us online or at (707) 405-7391 for a free initial consultation.