Best Lawyers Near Los Angeles

What You Need To Know About Burbank, CA Probate Laws In 2022

Updated: Nov 17

A Quick Guide To Probate Laws In Burbank, California

Probate can be perplexing and challenging to grasp. You won't be able to avoid it in most estate law issues. But, given the stakes involved in the probate of properties and assets, going in blind would put you at a disadvantage.

Let's start with the most common questions our pre-screened Burbank Estate Law Attorneys are asking concerning California Probate Laws.


california probate attorney

How Much Time Does It Take To Get A Will?


According to California law, a will executor or other representative of the deceased must finish the probate procedure within one year of their appointment (typically months after the date of death) or formally explain their inability to the court.


The process might take anywhere from 18 to 24 months, depending on how busy the courts are or if an error is made along the route.


A Burbank Estate Law Attorney can help you organize and compile important papers while also reminding you of important dates.


burbank estate planning lawyer

How Much Do You Pay For Probate In Burbank, California?


The probate process includes court fees, executor's fees, property assessment fees, pricing for certified copies of documents, accounting fees, and legal fees.


If a Will is challenged or beneficiaries disagree with the distribution in any way, the expenses will almost certainly be far higher, and the process could take years.


Is it Really Necessary for Me to Go Through Probate?


It's a popular misconception that all you need is a Will to claim your inheritance. But, unfortunately, a "Last Will & Testament" does not protect you from having to go through probate in California.


Instead, think of a Will as a document that informs a probate judge about the deceased's wishes. You present your Will to a court at probate, and the judge decides what happens next.

Inquire about the legal actions you'll need to do with your Burbank Estate Law Attorney.


Which Assets in an Estate Aren't Subject to Probate?

Some assets are subject to probate court distribution, while others are not. To begin with, any assets placed in a Living Trust before death will not be subject to probate court; instead, the new Trustee will distribute them according to the Trust's rules.


Similarly, because life insurance benefits are made directly to beneficiaries, they are not subject to probate. Without going through probate, assets held in banks and investment organizations with correctly declared Payable on Death (POD) or Transfer on Death (TOD) beneficiaries can be transferred immediately to those beneficiaries. Even if probate is required, the majority of retirement resources are transferred this way, utilizing non-probate PODs.


california probate lawyer

Of course, the surviving spouse can claim any jointly owned property without having to go through probate. However, assets that are not jointly owned are a different situation, and probate will very certainly be required.

Whether there is a will or not, any assets that are not covered by one of the scenarios listed above must go via Probate Court. For example, your loved one may have established a Living Trust but failed to re-title their home to the Trust. They could potentially have listed PODs incorrectly on an investing account.


For more information, contact your Burbank Estate Lawyer. They'll know exactly what to do and how to approach your issue in the most beneficial way for you.

Find An California Estate Lawyer in Burbank

1000Attorneys.com is Certified by the California Bar Association to provide you with a Free Attorney Referral Service.

We can refer you to an experienced pre-screened Estate Lawyer in California best fit to handle your case. Contact us through our 24/7 live chat (or complete our case submission form) for a free initial consultation.

99 views
Best Lawyers Near Los Angeles

California State Bar Certified Lawyer Referral And Information Service

1000Attorneys.com is a California State Bar Certified and approved Lawyer Referral and Information Service.

We provide unbiased and impartial lawyer referrals. This service isn't owned nor operated by lawyers receiving referrals.

 

Our objective is that you receive the best comprehensive, high-quality legal representation while holding California attorneys to the highest standards of professional conduct.

Why Lawyer Referrals Matter

 

The California State Bar investigates on average 16,000 complaints of professional misconduct by attorneys annually.

We conduct due diligence by researching and recommending the best local attorney for your case. 

 

Our team of experts verifies that attorneys are in good standing and have the required experience in the type of law related to your legal issue. 

Learn more about attorney discipline here:

 

Our History 

 

Since 2005, we have assisted people who need legal representation but whose ability to locate reputable California Lawyers is frustrated by unreliable law firm marketing of self-promoting lawyers and biased legal advertising.

How the LRS Works 


Anyone seeking competent and honest legal representation in California, can request a FREE lawyer referral. 

Once you submit your case details online, our legal 24-hour legal department will review your claim and reply via email. Most cases are reviewed and answered within 15 minutes. 

 

A free 30 minute consultation with the attorney will be offered to each referred client. 

A representative will follow up a few days later via email with the client after receiving a referral for quality management purposes, or to obtain the status of the case. 

About lawyers from our network


California lawyers in our network are insured, in good standing with the California State Bar, and have substantial experience in their practice area.

 

Attorneys are available in most areas of law throughout Southern California. Every lawyer in or network has been vetted for:

  • Credentials

  • Education

  • Communication skills

  • Performance

  • Client reviews

  • Fair legal fees

  • Continuing education

  • Professional affiliations

Additionally, we conduct criminal  background checks and attorneys are always monitored by our service.  

How to find the best lawyer for your legal case: 

1. The fastest way to have your legal issue reviewed by one of our attorneys is to send your details online.

 

Your information will go directly to our 24 hour legal department bypassing our call center. You will get a reply via email within 15 minutes.