Los Angeles Probate Lawyer

Is probate always necessary?

Probate is not always necessary, and there are actually some steps you can take in order to avoid probate entirely. In addition to discussing the matter with a probate lawyer at our Los Angeles law firm, you are welcome to review the information on this page regarding several key issues in avoiding probate:

Small estates are typically not probated. According to California Probate Code, estates valued at less than $100,000 are not subjected to probate. This may even apply when the total value of the estate is more than $100,000 - if some or all of the assets are not considered probate assets. This may include life insurance, joint tenancy assets, assets in a living trust, 401(k)s and IRAs.
In the event that a decedent is survived by a spouse, the spouse may be able to file a spousal property petition with the court. This petition is filed to change ownership of assets into the surviving spouse's name. It is essentially a simplified form of probate and is completed in far less time and usually involves lower legal fees.
Assets owned through a living trust will be exempt from probate.
Assets owned by two or more persons, through joint tenancy, typically are not probated.

Interested in finding out whether probate will be necessary for a family member or other loved one's estate? Schedule a confidential review of your case with an attorney at our law offices.

At the Law Offices of David A. Shapiro, our goal is to help our clients through these difficult and complex matters. We can conduct an honest assessment of the matter to determine whether probate is necessary and can help you through the entire process, including any disputes, as needed.

Contact a Los Angeles probate attorney at our law firm today to find out more about your case.