Is A Probate Attorney Necessary In Los Angeles?

When is a good idea to consult with a probate attorney in Los Angeles.

In California, probate is not an incredibly demanding procedure, and when a loved one dies, many legal shortcuts help several families escape probate court altogether. But in California, probate may have one major drawback: choosing the right California probate lawyer. The California State Bar has approved and certified lawyer referral services to assist the public in finding reputable, experienced, and ethical California probate lawyers.

Is Probate Necessary in California?

Probate isn't always necessary. If the deceased person owned properties in joint tenancy with someone else, or with his or her partner or in a living trust as survivorship community property, those assets would not need to go through probate. The same applies to properties kept in a revocable living trust and accounts regarding which a payable-on-death beneficiary has been appointed.

With a simplified process, properties inherited by the surviving spouse or registered domestic partner may also be transferred using a document called a Spousal (or Domestic Partner) Property Petition. The probate court is involved, but the procedure is straightforward and quick. No restriction can be made to the value of the property.

It might not be appropriate for other properties to go through probate, either. If the estate's overall value (assets that can not be passed to inheritors in either of those different ways) is sufficiently minimal, there would be no need for probate.

Currently, the limit is $166,250 dollars. With a simple sworn declaration (affidavit), inheritors can claim the estate or go through a simplified summary probate process. Cal., Cal. Code of Probate § 13100.

Method for Simple Probate in California

Someone must come forward to start the process of probate is necessary. The executor mentioned in the will can get the ball rolling if there's a will. If there is no will, or if the person named to serve as executor is not eligible, a family member usually requests the court to be appointed as the estate's "administrator." The work is the same.

The executor's job will likely last six months to a year. Next, the executor files the will with the probate court in the county where the dead person resided, along with a form called "Petition for Probate." There is an a