Probate

When a family member dies, you may be left wondering what will happen to any property or other assets they leave behind. For example, you might be asking:

• Can I transfer ownership of a home or other property into my name?
• How do I sell my deceased loved one’s home, car or other property?
• How will financial assets be distributed among my remaining family members?
• Who will name a guardian for my loved one’s minor children or a conservator for an incapacitated adult child?
• Will I have to go to court?
• Can I contest the terms of a will or trust?

The Legal Reps California probate attorney has the answers.

“Probate” may be a word you never hear until a loved one passes away. Probate is the process by which a deceased person’s estate is settled, including resolving all claims and distributing all assets.

If your family member established a will or trust while they were living, these documents typically dictate how their assets will be distributed, and a lengthy probate process may not be necessary. However, under California law, when someone passes away without a will or trust and the value of their estate is over a certain amount, their assets will likely need to be distributed through a court-supervised process.

The first step a court usually takes in the probate process is to appoint an administrator (e.g., a representative) who will be responsible for taking inventory of all the assets and for carrying out the court’s orders regarding the distribution of the estate. When a person dies without a will in the State of California, the distribution of assets is determined according to state law.

The probate administration in California typically takes anywhere from nine months to two years to complete. During this time, the assets involved can be frozen, meaning that no one can access them until the probate process is complete. The process will also include specific court-related fees and costs.

It is crucial to hire an experienced California probate lawyer who can help you understand every step of the process, represent you in court and help keep the process running smoothly to avoid delays.

As you may imagine, the distribution of financial or real property assets after a loved one’s death can be a challenging and emotional process. Family members often disagree with each other, with the probate court’s decision or with how their deceased family member’s estate is administered.

Even if your family member leaves a will or trust specifying what will happen with their estate after their death, surviving family members may want to contest these terms. This is particularly true if someone believes their relative was physically or mentally impaired and may have been unduly influenced by another person when the will or trust was established.

The Legal Reps regularly represents clients in complicated probate and trust disputes. We are committed to advocating on your behalf with respect for your loved one’s final wishes, and we fight with honesty and integrity to help family members reach mutually acceptable solutions.

The typical probate process in California can take up to two years to complete. Without the help of an experienced probate attorney, the process can be unnecessarily complicated and may take even longer.

The Legal Reps can assist with all aspects of the probate process, from preparing an inventory of the estate to identifying and notifying creditors, drafting documents to be filed with the court and speaking for you in the courtroom if needed. These tasks can be overwhelming if you are not familiar with legal procedures. If the probate process becomes contentious – which is not uncommon – The Legal Reps can also represent your interests in probate litigation.

Call or text us today or contact us online for a free consultation to discuss how The Legal Reps can help ease your family’s burden following the death of a loved one.

• Trust Litigation
• Probate Dispute
• Estate Litigation
• Inheritance Dispute
• Beneficiary Dispute
• Fiduciary Dispute
• Will Contests
• Trust Administration
• Estate Administration
• Trust Accounting
• Conservatorship
• General Vs. Limited Conservatorship
• Guardianship

Hiring an experienced Los Angeles probate attorney is critical to protect your interests and address your concerns at every stage of the probate process. If you are facing the death of a loved one and are not sure what to do next, contact us or by phone (855) 529-7371 or text today [email protected] for a free consultation.