Losing a loved one is never easy, and managing their estate can feel overwhelming. We at the Law Office of Thomas P. Hogan help families navigate every step of the probate process with clarity, compassion, and efficiency. We’ll handle the legal details so you can focus on honoring your loved one’s memory and protecting your family’s interests.

What is Probate?

Probate is the legal process through which a deceased person’s assets are identified, valued, and distributed to heirs or beneficiaries. In California, probate also ensures that all debts, taxes, and final expenses are properly handled under court supervision.

If the person left a will, the court validates it and appoints the executor named in the will. If there’s no will, the court appoints an administrator and distributes assets according to California’s intestate succession laws.

When is Probate Required in California?

Probate is generally required when the deceased owned assets valued over $184,500 (as of 2025) that were titled solely in their name, not held in joint tenancy, trust, or designated with a payable-on-death beneficiary. Our office can help determine whether a full probate, summary proceeding, or small-estate affidavit is appropriate for your situation.

Certain assets can avoid probate, including:

• Living trust assets

• Jointly owned property

• Accounts with named beneficiaries (life insurance, retirement plans, etc.)

• Small estates below the statutory threshold

The California Probate Process

While every case is unique, the probate process generally involves the following steps:

1. Filing the Petition:
   The executor or interested party files a petition with the California Superior Court in the county where the decedent lived.

2. Appointment of Executor or Administrator:
   The court formally appoints a personal representative to manage the estate.

3. Notifying Heirs and Creditors:
   Notice is sent to beneficiaries, heirs, and known creditors, as well as the publishing of a public notice.

4. Inventory and Appraisal:
   All estate assets are identified and appraised by a court-appointed probate referee.

5. Payment of Debts and Taxes:
   Valid debts, taxes, and administrative expenses are paid from the estate’s funds.

6. Distribution of Assets:
   Once all obligations are satisfied, remaining assets are distributed to the rightful beneficiaries according to the will or state law.

7. Closing the Estate:
   A final accounting is submitted to the court, and the estate is officially closed.

Avoiding Probate Through Estate Planning

One of the best ways to save your loved ones time and expense is by avoiding probate altogether. Our firm also provides estate planning services, including:

• Revocable living trusts

• Wills and powers of attorney

• Beneficiary designations

• Transfer-on-death deeds

Why Choose the Law Office of Thomas P. Hogan?

Whether your case is simple or contested, our aim is to provide clear communication and practical solutions every step of the way. Probate can be a complex, tiring, and emotionally charged affair, so we want to shoulder as much of the legal and professional burden as possible for you. We specialize in the following:

• Filing and court representation in California probate proceedings

• Executor and administrator guidance

• Will contests and probate litigation

• Heirship and beneficiary disputes

• Trust and estate administration

• Estate accounting and tax coordination

• Asset transfers and property title resolution

Again, we’re here to simplify the process, protect your loved one’s legacy, and resolve matters efficiently.