Los Angeles County Probate Lawyer

“Probate” commonly refers to a court-supervised process for transferring the property of a deceased person.

Probate is not always required in California. It typically depends on the value of the estate and how the assets are titled. For example, if the total value of the estate is below California’s small estate threshold (currently $184,500), a simplified process may be available. Additionally, assets held in a trust, joint tenancy, or with designated beneficiaries (such as life insurance or retirement accounts) can often bypass probate. However, if your loved one owned real estate or significant assets solely in their name, probate is usually necessary. Consulting with a Los Angeles County probate attorney can help you determine whether probate is required in your situation.

Probate can take a year or sometimes even longer, depending on the size of the estate. There are also numerous costs and fees associated with it. Trust administration generally does not take as long as probate. However, trust administration carries more risk of wrongdoing by fiduciaries than probate. This is because there is less court involvement and supervision with trusts than probate.

There are many ways that a person can plan to avoid probate. These options predominately feature the use of trusts and other legal options that name a beneficiary.

One of the most common misconceptions about probate is that it is only necessary for decedents who leave wills. Intestate estates (i.e., estates where there is no will) must also pass through probate. In California, intestate probate involves an established order of succession. The decedent’s assets will pass to their next of kin, such as their surviving spouse. If they were not married, the next in line to inherit is their child, then their parents and then their siblings.

A will grants the decedent much more power over the handling of their estate. For example, in a will, you can specifically name someone to serve as an executor, also called a personal representative, to fulfill the terms of your will. If you do not name anyone, the court will appoint an administrator. The court also appoints an administrator when someone dies intestate.

When you place assets into a living trust, they can be passed to your beneficiary or beneficiaries without court supervision. This allows the recipient to avoid probate. Some people choose to use living trusts as their primary estate planning document. Naming a trust as the beneficiary of your estate is commonly called a pour-over will. Upon your death, this brings nontrust assets into the trust. As we noted earlier, however, using a living trust rather than the court-supervised process of probate increases the possibility of wrongdoing by fiduciaries who are handling the estate.

Probate law can be complex, as there are several aspects to be taken care of during the administration of an estate. For instance, before the estate is administered, income taxes, inheritance taxes and all other estate taxes must be paid. A probate attorney can oversee the estate administration, assist the estate executor with the estate tax returns and ensure that probate proceedings move ahead in adherence to the law.