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Conservatorship As A Probate Alternative

Probate can be lengthy, expensive and burdensome, particularly for large estates. When an adult becomes incapacitated without a comprehensive estate plan, a conservatorship may be a viable option to protect their assets from the probate process.

At the Law Offices of Berge & Berge, our attorneys help conservators explore this option. We dedicate our practice exclusively to estate and elder law. Our lawyers understand probate alternatives and the benefits they present. Our lead attorney, James Berge, holds a board certification in estate planning, trust and probate law through the California Board of Legal Specialization. This credential underscores our ability to handle complex and challenging situations involving conservatorships.

How Conservatorship Can Help Avoid Probate

The California Probate Court allows conservators – that is, those who have legal authority to act on another person’s behalf – to protect and manage the incapacitated person’s estate through court-approved measures. Here are some ways a conservator can structure the estate to avoid probate:

  • Minimizing taxes: Implementing strategies to reduce the estate’s tax liabilities
  • Implementing a gifting plan: Strategically transferring assets during the conservatee’s lifetime
  • Making property conveyances: Handling real estate transactions such as transfer-on-death deeds

Additionally, the court can authorize the creation of various trusts, such as living trusts, irrevocable trusts, life insurance trusts and special needs trusts. These vehicles can provide substantial benefits, particularly for estates that would not qualify for California’s simplified small estate probate process due to their size. In addition to avoiding probate, the right kind of trust accomplishes specific goals for the estate – for example, protecting assets from creditors and securing Medi-Cal eligibility.

Learn More About These Options

Conservators play a key role in safeguarding their conservatees’ estate, including sparing them from the probate process. If you have questions about conservatorship as a probate alternative or have any concerns regarding estate issues, we invite you to contact us. Call 669-244-3546 to reach our office in San Jose.