Frequently Asked Questions
Probate, trust, and estate matters raise a lot of questions. Here are answers to some we hear most often — and we’re always happy to discuss your specific situation.
Probate is a court-supervised process used to distribute a deceased person’s estate. Assets held in a trust or passing directly to a named beneficiary are generally not subject to probate. California law also provides procedures that may allow certain smaller estates to be administered without a formal probate proceeding. The applicable thresholds and requirements are established by statute and may change over time. Whether a particular estate qualifies for a simplified procedure depends on the nature and value of the assets and other circumstances. It is therefore important to review the law in effect at the relevant time and consult with a qualified attorney regarding the appropriate procedure.
The probate process typically takes 9 to 18 months in California, but it may take longer depending on the complexity of the estate and whether any disputes arise.
A trust contest challenges the validity of a trust based on claims such as undue influence, lack of capacity, fraud, or improper execution. These are litigated in probate court and often involve sensitive family disputes.
Any interested person can file for conservatorship of an adult who can no longer care for themselves or their finances. This includes family members, friends, or professionals such as attorneys or fiduciaries.
Yes. Even if your estate is modest, having a will, trust, and powers of attorney helps ensure your wishes are followed and can prevent costly court involvement.
Contact Talei & Talei LLP and we’ll answer questions specific to your situation.
