Probate Attorney near Los Angeles
If you are in Los Angeles, California and need an expert Probate Attorney, look no further than the Law Offices of Tony J. Tyre, Esq. APC.
What is Probate?
Probate is a process where the court oversees the administration of a deceased person’s estate or, in other words, distribution of assets of a person after his or her death. During a Los Angeles County probate process, a probate lawyer will work with the probate court to administer the transfer of property and assets in Los Angeles to the lawful inheritors. In addition, a probate attorney will assist in ensuring that debts, liabilities, and taxes owed by the decedent are paid. We are commonly asked, if the late person had no will, what happens to that person’s property? The answer – the Probate Code’s intestate succession statutes will govern and determine which persons should be considered heirs of the decedent.
Probate is a process where the court oversees the administration of a deceased person’s estate or, in other words, distribution of assets of a person after his or her death.
Types of probate in California
There are two types of probate in California:
- Intestate: Where the decedent died without a will.
- Testate: Where the decedent died with a will.
With either an intestate or testate probate, the estate must pass through probate court. In California, a will must pass through probate court since a will may be a simple handwritten document, and thus, must be proved to be authentic.
In California, attorney’s fees are based on the gross value of the probate estate. These fees are called statutory fees.
In this schedule, $4,000.00 is paid for the first $100,000.00 of assets, $3,000.00 for the next $100,000.00 of assets, $2,000.00 per $100,000.00 for the next $800,000.00 of assets, and then $1,000.00 per $100,000 for the next $9,000,000.00 of assets.
For example, an estate worth $500,000.00 would have statutory attorney’s fees of $13,000.00 ($4,000.00 + $3,000.00 + $2,000.00 + $2,000.00 + $2,000.00). As you can see, probate fees are costly, which is why a living trust is recommended to most clients. If you are unsure about how much fees will be, please see our Probate Calculator.
The probate process involves multiple court filings and lots of paperwork with which our office can assist you. Unfortunately, a typical probate process takes 12 to 16 months, since probate court dates are difficult to obtain in Los Angeles. However, our office does its very best to help you navigate the world of probate as efficiently as possible.
Alternatively, a “small estate” probate may be possible if the probate estate, which includes real property, is $184,500.00 or less. A small estate probate is an expedited process that has two advantages:
- Time: A small estate probate typically takes 2-6 months to complete.
- Cost: A small estate probate does not involve statutory attorney’s fees as above outlined.
To read more about small estates, please click here: http://tyrelawgroup.com/non-probate-transfers-of-small-estates-in-california-by-allyson-s-heller/
Depending on your given legal situation, other simplified probate petitions may be possible. Our office always does its best to advise you how to solve your probate situation as quickly and as inexpensively as possible.
A probate attorney, like those at the Law Offices of Tony J. Tyre, Esq., APC, serves an active role in administering an estate. Most clients schedule a free initial consultation with one of our probate lawyers after a loved one passes. At that visit, our office reviews the probate process and role of the executor or administrator. For additional information regarding the probate process, please contact our office at (626) 858-9378.