Los Angeles Probate FAQ

Probate Lawyer Serving the Greater Los Angeles Area

What is probate?

Probate is a process that involves ensuring the validity of a decedent's will, cataloging assets and property, paying outstanding debts and distributing property per the decedent's will or state law.

If I have a small estate, is probate necessary?

In California, estates valued at less than $100,000 are typically not probated. If the estate includes real property valued at more than $30,000, however, it will typically need to be probated. It is often helpful to determine if probate is necessary or if you can avoid probate by talking to an attorney about your particular case, questions and concerns.

Do I need a lawyer?

Because probate is a legal process that has the potential to be complex and difficult to deal with, it is helpful to involve a lawyer who can protect your legal rights and guide you through as swiftly as possible. A Los Angeles probate lawyer who is experienced and professional will be an invaluable asset, particularly in the face of any dispute or when probate litigation is necessary.

How long does probate in Los Angeles usually take?

If there are no issues or problems, probate may take about 8 months. This includes a 4-month creditor claim period, where creditors have the opportunity to bring claims against the estate. In the presence of overcrowded courtrooms or disputes, however, probate may take longer.

Who will receive a notice that probate proceedings have begun?

California probate law requires that all heirs of the decedent, beneficiaries mentioned in a will and proposed executors be informed that probate is being started, with a date, time and location of the hearing where the case will be heard.

How much does probate cost?

There are particular fees set forth by state law regarding attorney and executor fees for probate (higher fees may be awarded in particularly complex cases, as ordered by the court). The maximum fees allowed are 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000 and .5% for the next $15,000,000. The court will determine the fee for any amounts greater than $25,000,000.

To learn more, contact a Los Angeles probate attorney at our firm today.