Tarzana Probate Administration Lawyer

It is never easy to lose a loved one. In the period after a death, grief can make it hard to manage all the legal requirements and paperwork needed after someone’s passing. A Tarzana probate administration lawyer can take over this arduous process. They can help get the often-complex estate matters into order so that you can focus on grieving and supporting those around you.

Barry Law Group: Skilled Probate Attorneys in Tarzana, California

For years, Barry Law Group has helped the Greater Los Angeles area with probate administration. Probate can be hard for those unfamiliar with the process. Our team consists of attorneys who have been working in the region since the 80s and have all been ranked as Super Lawyers for five years straight. Steven M. Barry, one of our founders, has served as a board member of the California Applicant’s Attorneys Association and is a member of multiple Bar Associations, including the Los Angeles County Bar Association. Our firm proudly represents clients in estate litigation, trust litigation, and probate administration.

What Is Probate?

Probate is a frequent legal case in California, with 63,609 probate cases filed statewide in the fiscal year 2023-2024. Of those, 19,046 were filed in Los Angeles County alone. It’s important to understand this common legal proceeding.

Probate is the legal process that occurs after someone has died. It is the formal name for asset distribution and the way in which all final debts are settled. Probate can be a lengthy, arduous process, depending on the assets involved and whether any beneficiaries wish to contest the will.

The probate process, when running without interruption, is as follows:

• Petition for probate: This is the step in the probate process when someone close to the decedent files a DE-111 Petition For Probate. If there is a will, this will be submitted with the form.
• Give notice: All interested parties are notified. This can include beneficiaries and heirs, but also creditors or other people to whom the deceased owed money. A notice must also be published in a newspaper. This notice must be posted for at least four months.
• Court hearing: This can happen a month after the initial filing. It is here that the personal representative of the will is decided. This may be previously arranged in the will, but if not, the courts can determine the next clear choice.
• Appraisal of assets: The executor of the estate will go through all assets of the decedent and come up with the total value. The personal representative will use Form DE-160 for the process.
• Pay debts: If the deceased had any debts, they will be paid first before distribution to beneficiaries.
• Distribute the estate: After debts are paid, the named beneficiaries in the will or established heirs receive the remaining assets. This process can be rife with disagreement between various parties.
• Close the estate: Once the distribution is finished, another hearing takes place in which a judge evaluates the results. If they find the distribution satisfactory, the case is then closed, and the executor is released from all legal responsibilities.

Understanding What Happens if a Probate Dispute Arises

While a conflict-free probate administration case is normal for many families, this is not always how it goes. Conflicts are usually addressed informally through discussions and negotiations between the involved parties, such as the executor, beneficiaries or heirs, creditors, or other interested parties. A Tarzana probate administration attorney can facilitate these discussions, helping you resolve a dispute before it escalates into needing court involvement.

If a conflict cannot be resolved informally, California’s probate administration laws do allow you to settle the issue in court. Even if you begin the court process, you are still able to try alternative methods of reaching a resolution, such as settlement conferences or mediation. However, if your case does proceed to trial, it is likely going to be heard at the Stanley Mosk Courthouse on 111 North Hill Street in Los Angeles.

The process of probate litigation can vary depending on the specific issue involved. A lawyer can explain what this process looks like for your case, but you can generally expect the phases listed below:

• Filing a petition. During this phase, an interested party files a formal petition with the probate court that describes what type of disagreement or misconduct they are trying to resolve.
• Discovery. During the discovery process, both parties gather and exchange evidence to support their side of the dispute. Often, this includes estate planning documents, financial transaction records, medical records, and witness statements.
• Hearings before a probate judge. Both sides have an opportunity to present their arguments and relevant evidence before a probate judge. Probate disputes can proceed to a bench trial decided by a judge, but not a jury trial.
• Final outcomes. A judge makes the final decision about how to proceed with a dispute. They may provide decisions on how to interpret the will and estate planning documents, whether the will is valid or not, or whether an executor should be removed.

Common Probate Disputes in Tarzana Probate Administration Cases

Probate is a stressful process with a strong impact on your future finances. Because of this, tensions are often high, and there are many opportunities for disputes.

A 2023 study showed that over half of households over 50 have a head of household who has no will. While having a will or other estate plan can minimize the risk of disputes, not having a will can create drama, as well. There can also be disputes that arise over the validity of a will. Reasons a will may not be deemed invalid are listed below:

• The testator lacked the mental capacity needed to create or sign the will.
• The testator was fraudulently misled about the contents of the will.
• Another person had undue influence over the testator when signing the will.
• The will was forged by an individual other than the deceased.

Other conflicts can come up as well and are often related to the circumstances listed below:

• The executor failed to properly manage and distribute estate assets.
• The executor was caught self-dealing or otherwise using the estate to benefit themselves.
• There were invalid or contentious creditor claims found.
• Inheritance was withheld.
• Asset valuation is causing disagreements.

Hire a Probate Administration Lawyer from Local Law Firm Barry Law Group

Even when each step in the process goes smoothly, probate problems can take a significant amount of time to resolve. If the estate is large, complex, or disputed, you may want to hire a probate administration lawyer.

A good probate administration attorney has worked on other Tarzana probate cases before and knows which methods to use. Their experienced, level-headed approach can be a much-needed benefit for the decedent’s family.

From filing the initial DE-111 to the final court hearing, your probate administration lawyer can provide the support and resources you need. Investing in an attorney now may save months of hard work later. To avoid unnecessary delays, it also helps to familiarize yourself with California probate administration laws.

FAQs

Do I Need a Lawyer for Probate in Tarzana, CA?

California probate laws do not require you to hire a probate administration lawyer in Tarzana, CA, but it can make a big difference in the outcome. If the probate involves real estate or other valuable assets, a probate administration attorney can make the process far easier. If there is a contest against the will or disputes amongst beneficiaries, legal help can be crucial. It is always wise to seek legal guidance in probate cases.

How Much Does a Probate Administration Lawyer Cost in Tarzana, CA?

The cost of a probate administration attorney in Tarzana, CA, is never a set number. The complexity of the case, work hours needed, and difficulties involved may all affect the price greatly. More fees, like court expenses, can add additional amounts to the final bill. However, the biggest factor in legal costs is the value of your estate. Speak with your probate administration lawyer, as they can provide an accurate figure.

What Is the Difference Between a Probate Lawyer and an Estate Planning Lawyer?

An estate planning lawyer focuses on wills, trusts, and any other legal matters involving the estate, helping people proactively protect their assets after death through strong legal documents. A probate lawyer, however, is more focused on the probate process, which deals with the estate after the individual has passed away. A probate lawyer deals with carrying out the estate planning documents that an estate planning lawyer may have helped draft.

Is Probate Necessary in Every Case?

While probate is common, there are some situations where it can be avoided. The first is whether the deceased had a trust instead of a will. The trust process operates under a different timeline and regulations. Another factor is whether the estate was jointly owned with someone else, such as a spouse. If this is the case, the assets may be directly transferred over to the surviving owner without the legal process of probate.

Talk to an Experienced Tarzana Probate Administration Attorney Now

We at Barry Law Group know that probate is a difficult time. Probate administration can be challenging, overwhelming, and emotionally charged. Our decades of experience helping the people of Tarzana and the Greater Los Angeles area have prepared us for whatever your probate issues may be. Contact us today so we can learn your story, or visit our Encino offices, located on Ventura Boulevard just south of Ventura Highway and the Sepulveda Basin.