Your Trusted Partner In Probate Matters

When mourning the passing of a loved one, the last thing you want to deal with is the legal complexities of estate administration. This lengthy and often costly legal process known as probate can be daunting, especially during a time of grief. This is where the assistance of a skilled probate lawyer becomes invaluable.

At Michael A. Sawamura, Attorney at Law, I help individuals and families in Sacramento who are facing the delays, costs and conflicts that come with probate. With over 40 years of experience navigating estate planning laws in California, I have the extensive knowledge needed to handle even the most intricate probate situations. By listening carefully to your needs and concerns, I provide guidance that addresses your unique circumstances. This personalized approach ensures you receive the most effective and compassionate support throughout the estate administration process.

What Is Probate, And Why Is It Necessary?

Probate is a necessary procedure that ensures a deceased person’s assets reach the right people. It does this by following instructions in a will or state laws if no will exists. It also oversees the settlement of any outstanding debts and unpaid taxes. This process can be both emotionally and financially draining. This is why you would frequently hear legal and financial experts advising you to include probate considerations in your estate planning. As your probate lawyer, my goal is to make this process as smooth and efficient as possible. With my experience navigating local probate laws and procedures in Sacramento, I can help you avoid common probate pitfalls and instead focus on healing and honoring your family members.

How Long Does The Probate Process Typically Take?

In general, probate in California can take anywhere from six months to two years. Simple estates with straightforward wills and minimal assets might wrap up more quickly. On the other hand, complex situations may take much longer to complete, as these often involve real estate holdings, business interests and family disputes. Other various factors can also affect the probate timeline such as:

1. The presence or absence of a valid will
2. The number of beneficiaries and their cooperation
3. Outstanding debts or taxes
4. Potential issues with the will
5. The probate court’s workload and the availability of court dates

The process typically starts with filing a petition with the probate court. Then, it proceeds through a series of steps, including the appointment of a personal representative, the identification and appraisal of assets, and the payment of debts and taxes. As your lawyer, my job is to minimize delays and keep you informed every step of the way. I will work closely with you to make sure the probate process is as efficient and stress-free as possible.

What Assets Are Subject To Probate?

When you share property ownership with someone, they usually become the sole owner after you pass away. For instance, if you co-own your family home with a spouse, its ownership will transfer automatically to them upon your passing. On the other hand, assets you own by yourself will typically need to go through probate. These include:

• Real estate assets such as your primary residence and vacation homes
• Cars, boats or other vehicles registered to you
• Bank accounts without a joint owner or payable-on-death beneficiary
• Stocks and bonds in your name
• Personal items such as jewelry, furniture or collectibles
• Businesses you own alone

As a seasoned probate lawyer, I have helped numerous families in Sacramento through the most complicated cases. Whether you are dealing with a large estate or unclear asset ownership, I stand ready to help you address legal matters efficiently while protecting your family’s interests.

How Can I Contest A Will During Probate?

Challenging a will is a serious matter that often arises after a loved one’s death. It is a situation anyone would want to avoid, but sometimes, it becomes necessary to ensure fairness and respect for the deceased’s true wishes. To contest a will, you must have a valid reason for doing so such as:

1. Lack of capacity: This is the most commonly cited reason for contesting a will. It hinges on whether the person who made the will understood what they were doing when they signed it.
2. Undue influence: Some cases involve an individual pressuring or manipulating the testator into changing their will.
3. Fraud: This involves intentional deception or misrepresentation that induces the testator to make a will that they would not have made otherwise.
4. Improper execution: This refers to mistakes and irregularities that can render the will invalid. Perhaps the testator failed to sign the document or the required number of witnesses did not sign the will.

Whether you are considering contesting a will or defending against a challenge, you can rest assured you receive strategic and compassionate guidance from me. However, time is critical in these matters. If you have concerns about a will’s validity, do not hesitate to reach out.

Navigate Estate Administration And Probate In Sacramento With Confidence

Probate matters can feel overwhelming, especially during a time of loss. Let me handle the complex legal matters so you can focus on what truly matters – supporting your family and honoring your loved one’s legacy. Call my office at 916-248-4465 today or send an email through an online form.