Probate is a legal process for reviewing a deceased person's estate and determining inheritors. It is always advisable to hire an experienced probate lawyer in Los Angeles, CA to handle probate matters because the applicable laws are numerous and often complex.
The Law Office of Mitchell A. Port can work with you to navigate the California probate process smoothly, allowing you to reap its benefits — such as the elimination of creditors’ claims against the property of the deceased person (the decedent) and the guarantee that the property will pass to the rightful heirs (the beneficiaries) — while avoiding potentially significant and costly errors.
When someone who owns property in California dies, a California court may need to oversee the transfer of property ownership from the decedent’s estate to the heirs, regardless of whether or not the individual has a will. This oversight process is called probate.
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Probate typically occurs when the decedent owns real estate and personal property (like stocks, bonds, bank accounts) in California valued at more than $166, 250. To the extent possible, probate should be avoided.
Although there are many different techniques that exist under California probate law that can allow someone to avoid probate, there will be cases when probate cannot be avoided and the process must be started in order to transfer ownership of the decedent’s property to the rightful heirs. When probate is unavoidable contacting an experienced estate lawyer can make the process much smoother.
Probate in California is rarely straightforward – but working with your law firm should be. Probate litigation can be a stressful experience, involving high-risk exposure and unpredictable results.
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You need a California probate attorney who will simplify the process, not complicate it further. At the Law Office of Mitchell A. Port our Los Angeles probate lawyer is committed to helping you find the most direct route to a successful outcome.
When you are faced with probate, choose a law firm that will help you chart the right course. Choose our Los Angeles probate attorney from the Law Office of Mitchell A. Port for representation in any probate court in California.
Are you searching for probate documents that were filed in the state of California? Not sure if you can licitly obtain the records or even view them?
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The Public Case Access System in California allows the public to view case information and public documents on Probate, Trust, and Estate cases that were filed after February 5, 2007. Name searches and downloads of the documents will require public access fees to the Court.
Once you have located the county that the probate was filed and viewed the probate court docket online, the steps involved in obtaining a replica of a will or other probate document directly from the probate court online will include the following:
In the state of California, an estate’s probate process can be completed in at least nine months. The length of time is determined by the complexity of the case.
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On average, it will usually take a year to a year and a half to finish. The estate is required to go through the probate process if the owner of the estate did not have a will when they passed away.
If the total value of their assets is under $166, 250 and there is a valid will, the estate can avoid probate. If you are having a hard time figuring out if your estate will have to go through the probate process, do not hesitate to reach out to a Los Angeles probate lawyer at the Law Office of Mitchell A. Port.
Our experienced Los Angeles probate attorneys are here to help guide you through the process and figure out what works for your estate. Call us today for a consultation!
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Some estate assets in California are subject to the probate process. Any real estate or personal properties that were owned individually by the deceased are included.
If you are wondering if your loved one’s assets need to be included in the probate process, the Los Angeles probate attorney at the Law Office of Mitchell A. Port is here to help guide you through the process and discuss your options. Give us a call today to schedule a consultation.
Once you create a trust document, you will have to name someone as the successor trustee who will oversee your belongings after your passing.
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One step you must complete is transferring ownership of your property to yourself as the trustee of the trust. This will allow the successor trustee to be able to transfer your assets to your beneficiaries upon your passing and avoid the probate process. It is a good idea to reach out to a probate attorney for help with this step.
You can own and operate property with another individual through joint ownership. “Right of Survivorship” on the joint ownership allows a person to take full ownership of the property in the event the other owner passes.
Probate can be avoided when transferring the property, but it will take some documented proof to show the title of your property is owned by the surviving owner.
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Joint tenancy: No probate is needed in joint tenancy as property will automatically transfer to surviving owners when one owner passes. This type of joint ownership works well for couples who acquire vehicles, real estate or other valuable property, and bank accounts. In California, each owner is referred to as a joint tenant and must own an equal share.
Communal property with right of survivorship: Unless couples take certain steps to keep assets or property separate from each other, California law has all property owned jointly in a marriage because it is a community property state.
California allows people to add a “payable-on-death” (POD) designation to certificates of deposit or savings accounts. This allows you to remain in control of all of your money in the account until the time of your passing, at which point the POD beneficiary can claim money from the bank while avoiding probate court proceedings.
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In California, you can use transfer-on-death (TOD) registration for bonds and stocks. Using this method allows people to hold brokerage accounts in this way.
The beneficiary you name will automatically inherit the account at the time of your death if you registered an account with TOD. The beneficiary will have to deal directly with the brokerage company to transfer the account and will not have to attend any probate court proceedings.
You can go through the process of setting these up now, but they won’t take effect until the time of your passing. You can sell the property or revoke the deed at any time, and the beneficiary you named on your deed has no rights until your death under Cal. Probate Code § 5620.
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Transfer-on-death registration for vehicles are also allowed in the state of California. If you choose to register your vehicle like this, the person you named as the beneficiary will inherit the vehicle automatically after your passing. This route will not require probate court proceedings either.
There is another avenue your estate might qualify for in the state of California, and that would be “small estate” probate proceedings, which are available for some California properties. Reach out to our probate attorney in Los Angeles today to explore how you can possibly avoid probate court proceedings.I’m an experienced probate lawyer and serve clients throughout Los Angeles. I’m dedicated to providing personal attention, thoughtful guidance, and helping clients navigate the complexities of the probate process. Read More »
I am an experienced and dedicated probate attorney. I devote my practice to exclusively resolving estate, probate, and other family law disputes. Visit my website to see client reviews! Read More »
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Mitch Port, an experienced probate attorney serving clients throughout Los Angeles, is dedicated to providing personal attention and helping clients successfully navigate the complexities of probate and estate law. Read More »
Shawn S. Kerendian is the founder and Principal of Keystone Law Group, P.C. Shawn has managed, supervised and litigated hundreds of Probate, Trusts and Estate matters. Shawn received his undergraduate degree from UCLA... Read More »
I’m an experienced Los Angeles probate lawyer and handle all types of probate and estate administration cases. I provide compassionate and professional representation and will help you through every stage of your case. Read More »
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