Probate Attorney in Los Angeles
California Probate Law
State laws concerning probate are extensive and have the potential to be highly complex. We have included some key points on this page, but the best course of action in these matters is to involve an
attorney who can guide you through the entire process while protecting your rights and financial interests. A
Los Angeles probate lawyer at our law offices can make sure you are well-informed every step of the way.
- Probate begins with the filing of a petition for probate at the Superior Court where the decedent lived. This petition will typically be filed by the attorney of the individual who wishes to become the administrator or executor. It should include information about the decedent, the executor, heirs and the size of the estate.
- The judge who hears the case will make a decision as to whether the petition will be approved.
- California law requires that notices be sent to all heirs, beneficiaries and proposed executors, with a date and time of the hearing and at which courthouse the case will be heard.
- Estates valued at more than $100,000 will typically need to be probated, though there may be some exceptions to this rule.
- Assets that are held only in the name of the decedent are typically considered probate assets.
- In the event that there is a surviving spouse, formal probate may be avoided with a spousal property petition.
- Probate typically takes approximately 8 months, although this may vary depending on the case.
- California Probate Code outlines specific fees for attorneys and executors that can only be exceeded in particular circumstances with court approval. As an example, the maximum fee for an estate valued at $100,000 is $4,000.
Let us apply our legal knowledge of probate law and our experience in this particular field to provide you with the effective counsel you need. Contact a Los Angeles probate attorney at our firm today.