Napa

Probate Attorney Serving Napa

Probate is something few of us enjoy dealing with. Unfortunately, decedents who leave a will as well as those who do not must have their estate probated. If there is a will, most people will name an executor, usually a close friend or family member. At the time the will is written, this may sound like a good idea, and that friend or family member may readily agree because they care about you. Probate can be extremely complex, especially when there are significant assets, contentious family members, or when the assets are difficult to locate or located in other states in addition to California. Virtually every executor can benefit greatly from having an experienced probate attorney serving Napa guide them through the probate process.

What few executors realize is that they have a fiduciary duty to the beneficiaries. This means the executor has an obligation to act in the best interests of the beneficiaries, or a duty of good faith, trust, confidence, and candor. If a beneficiary feels an executor has violated this fiduciary duty, the executor could potentially face a lawsuit. Even when probate goes as smoothly as possible, it can be costly, time-consuming, and, eventually, a matter of public record. Attorney Eric Gullotta can help you with all aspects of probate, from creating an estate plan that either eliminates or minimizes the need for probate, to probate administration and guidance on probate administration for executors.   

About the Gullotta Law Group

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Stories That Speak

Trusted by Our Community, Proven Through Results
  • Eric and Ashley made our estate planning process easy, providing knowledge, comfort, and humor. They answered all our questions and put us at ease!
    - Lisa G.
  • Eric and his team made creating an estate plan easy, answering all questions and accommodating our needs, even during the pandemic. Highly recommended!
    - Joelle S.
  • Eric and Ashley made updating my trust, will, and healthcare directives fast, easy, and painless. Efficient and thorough service every step of the way!
    - Stephanie G.

    What Is Probate?

    Probate is the legal process that must be completed when an individual dies, either with or without a will. Many people think a will or other type of estate plan is only necessary for the very wealthy, but this is simply not true. Virtually any level of assets, including bank accounts, real estate, vehicles, collections, and investments are included in the probate process. Having a will or other type of estate plan means that you can say who you want to receive your assets rather than the state of California making those decisions.

    You can also name an executor in your will—the person who will be responsible for probating the will and ensuring your wishes are followed. Most executors have little to no experience with probate and can benefit significantly from having an experienced probate attorney serving Napa to guide them through the process. Losing a loved one is emotionally difficult but without assistance with probate, it can be even more difficult. 

    Why Would You Want to Avoid Probate?

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    Rooted in Community, Driven by Integrity

    Our Commitment to You
    • Committed to Giving Back
      As active and involved members of the Sonoma community, we are dedicated to making a positive impact, both professionally and personally, for the people we serve.
    • Always Available for Clients
      We believe in making ourselves accessible to clients when they need us most. We are committed to providing responsive support throughout the entire probate process.
    • Deep Roots in the Community
      Born and raised in Sonoma, we are deeply familiar with the local community and its values, allowing us to provide a personalized, compassionate approach to every case.
    • Expertise in Complex Cases
      We have the knowledge and experience to handle even the most complex probate and estate matters, providing expert solutions tailored to your unique situation.

    What Happens in Probate Court?

    The executor or probate attorney must first “open” the probate by producing the will, if it exists, and a certified death certificate. The probate court will authenticate the will, approve the named executor, and open probate. If there is no will, the court will appoint an executor to probate the estate. The executor must notify all interested parties, including beneficiaries or heirs named in the will. If there is no will, close family members and relatives will be notified.

    Creditors or any party with a financial interest in the estate must also be notified. This might include the decedent’s mortgage holder, utility companies, credit card companies, and other loan holders. Inventory will be taken of the assets in the estate, including bank accounts, stocks and bonds, vehicles, personal items, collections, and real estate. If there is any doubt about the value of an asset, an appraiser will be called in to appraise the asset or assets. 

    The complete inventory will be submitted to the probate court and the beneficiaries. All debts and taxes will be paid. A final personal tax return will be submitted, along with an estate tax return. When all these steps are complete, the remaining assets will be distributed according to the wishes of the decedent. If there is no will, the assets will be distributed according to California intestacy laws. Finally, the executor will close the estate, and submit a final accounting to the court.

    What Does a Probate Lawyer Do?

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