Probate

When someone dies with only a will, or with no estate plan at all, their estate usually has to go through probate court. I represent executors and administrators through the process in California and Nevada, and I can tell you early on whether a simpler option is available.

The process can be slow and confusing, but it is manageable with the right help. I represent personal representatives through:

• Petitions to open the estate and obtain letters

• Notices to heirs and creditors

• Inventories and appraisals

• Sale of estate property when needed

• Accountings and petitions for final distribution

I handle probate matters in California courts and in Nevada.

Simpler options than full probate

Not every estate needs a full probate case. Depending on the assets and where they are located, one of these may be enough.

In California

• A Heggstad petition, for an asset that was meant to be in a living trust but was never transferred into it

• A spousal property petition, when property passes to a surviving spouse or registered domestic partner

• A petition to determine succession to a primary residence, for a California home currently valued at $750,000 or less

• A small estate affidavit, when the estate falls below the state limit

In Nevada

• A petition to confirm that an asset belongs to a trust, Nevada's counterpart to the Heggstad petition

• A small estate affidavit, for smaller estates without the need for court

• A petition to set aside the estate without administration, for modest estates

• Summary administration, a shorter and less expensive form of probate

I can tell you quickly which option fits your situation.