Los Angeles Probate Lawyers You Can Rely On
While serving as an estate representative for your loved one’s estate can seem like a daunting task, it does not have to be. At The Probate House L.C., we have more than 40 years of collective experience guiding estate representatives (also known as executors) through California’s probate process.
Whether you are local to Los Angeles or Orange counties, or your loved one owns property here, we can make the probate process smoother and more efficient for you and your family.
We understand the California Probate Code and the local court rules. Our lawyers will take the time to walk you through the probate process step by step. Some important steps in the probate process include:
- Filing an inventory of the estate’s assets
- Notifying creditors and handling unpaid bills
- Organizing and selling personal and real property
- Distribution of remaining assets to beneficiaries or heirs
Most importantly, we will respond to your questions about probate and ensure that your legal matter is handled properly, efficiently and cost-effectively. Read on for answers to some commonly asked questions about probate in California.
What is probate?
“Probate” commonly refers to a court-supervised process for transferring the property of a deceased person.
Is Probate always required?
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Is the probate process cumbersome?
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.
What types of estate planning options avoid 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.
Does probate apply only if there is a will?
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.
How does the probate process relate to living trusts?
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.
Why Being An Executor Without A Lawyer Is Risky
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.
Learn More About How Probate May Affect You
Choosing a probate lawyer is a crucial decision, and it should not be taken lightly. You should conduct as much research as possible before making any commitments.
A reputable law firm will always be willing to answer any questions you have, such as how much they charge, how much experience they have and what exactly they can do for you. Your probate lawyer should be able to explain the details of your case to you in an understandable way. Ultimately, the decision is yours to make. You should go with an attorney you feel you can trust to ensure that your estate is handled according to your wishes.
Reach out to our experienced team at The Probate House L.C. to learn more about the probate process in California. To contact us, call 424-452-2375 or send us an email.