call.png

Call Us
(510) 351-5345

address.png

2777 Alvarado Street, Suite E
San Leandro, CA 94577

REQUEST A CONSULTATION TODAY

Losing a family member is hard enough without a court process landing on your desk. Probate adds paperwork, deadlines, and decisions at the moment you least want them. A probate attorney handles the filings, the deadlines, and the court appearances so you can focus on your family. You get one point of contact, plain answers, and a plan built around your estate.

At Bagner Law, PC, we help East Bay Area families settle estates with clear guidance and steady communication from the first meeting to the final distribution.

What is probate?

Probate is the court process of validating a will, naming someone to manage the estate, paying debts and taxes, and distributing the remaining assets to heirs. When a will exists, the named executor takes the lead. Without a will, the court appoints an administrator and follows California's intestacy rules to decide who inherits. Either way, the personal representative carries real legal duties to the heirs and creditors, and mistakes can create personal liability.

When is probate required in California?

Probate applies when a person dies owning assets in their sole name above the small estate limit. For deaths on or after April 1, 2025, the limit is $208,850 in gross value. Living trusts, joint accounts with survivorship rights, and accounts with a named beneficiary usually pass outside probate. Smaller estates may qualify for a small estate affidavit, available 40 days after death. Separate rules govern real property, so confirm your eligibility with an attorney before you file anything.

What does a probate attorney do?

We file the petition, notify heirs and creditors, inventory the estate's assets, handle creditor claims, prepare accountings, and represent the personal representative at court hearings. We also answer the questions families ask most: who inherits, which bills get paid, and when distributions happen. You receive a clear roadmap at each stage, and you always know the next step. Our goal is to close the estate correctly the first time.

  1. Trusts can also be used to minimize estate taxes, protect assets from creditors, and provide for loved ones with special needs without jeopardizing their eligibility for government benefits.

How long does probate take?

Many California probate cases run nine to eighteen months. Creditors generally have four months from the date the court issues letters to file their claims, and the estate stays open until the court approves the final distribution. Contested matters, real estate sales, and tax issues extend the timeline. An attorney who knows the local court calendar keeps your case moving and avoids delays from incomplete filings.

What happens if someone contests the will?

Heirs and beneficiaries can challenge a will on the grounds of undue influence, lack of capacity, or fraud. A contest triggers hearings and sometimes a trial. Strict deadlines apply, typically 120 days after the court admits the will to probate, so speak with an attorney quickly. We protect your position whether you defend the will or question its validity. Early legal guidance often settles disputes before they reach a courtroom, saving your family time, money, and stress.

Why should you regularly update your estate plan?

Creating an estate plan is not a one-time event – it’s an ongoing process that requires regular review and updating. Here are some key things to keep in mind:

  1. Your estate plan should be reviewed and updated whenever you experience a major life event, such as getting married, having a child, or acquiring significant new assets.
  2. Even if you don’t experience any major life changes, it’s a good idea to review your estate plan every few years to ensure that it still reflects your current wishes and circumstances.
  3. If you move to a new state, it’s important to review your estate plan to ensure that it complies with that state’s laws and requirements.
  4. Updating your estate plan can also involve updating beneficiary designations on retirement accounts, life insurance policies, and other assets to ensure that they align with your overall plan.

Don't Leave Your Legacy to Chance

No one knows what the future holds, but with a comprehensive estate plan in place, you can face it with confidence and peace of mind. If you’re ready to take control of your legacy and protect what matters most, contact Bagner Law today to schedule a consultation. Whether you need to create a will, set up a trust, or plan for incapacity, I’m here to provide the personalized attention and skilled guidance you need every step of the way in the East Bay.

Estate planning may not be the most pleasant topic to think about, but it’s one of the most important things you can do for yourself and your loved ones. Don’t wait until it’s too late – contact Bagner Law today to start the process of creating a comprehensive estate plan that reflects your unique needs, values, and priorities. With my help, you can achieve the peace of mind that comes from knowing that your affairs are in order and that your legacy is secure.