Woodland Hills Probate Administration Lawyer

Trying to navigate California’s complex laws surrounding probate can be difficult. When a loved one passes, grief can make the legal process even more arduous. During this time, it’s important to seek the counsel of a Woodland Hills probate administration lawyer to guide you through the process.

Why Locals Choose Us

For over 30 years, Barry Law Group has helped represent California residents during some of their toughest moments, handling complex matters involving estate litigation, probate administration, and trust litigation. Our team is known for its efficiency during cases. We strive to find the quickest resolution possible so you can move forward with your life.

Our attorneys offer Woodland Hills residents free consultations. We value offering our clients transparent legal advice to help them take back control of their lives and make informed decisions regarding their cases.

Understanding Probate in California

In California, probate is the court-supervised process of administering a deceased person’s estate. This process is used to certify that all debts and taxes are properly paid and that remaining assets are transferred to the correct heirs. In the fiscal year 2023-2024, there were 13,092 probate filings in Los Angeles County alone.

One of the main things that happens at the start of the probate process is the naming of an executor. The executor is typically named in the will, or the court appoints someone, such as the surviving spouse or child. This person is responsible for carrying out the wishes outlined in the will and properly administering the estate. For the executor, there is a high level of pressure, as they are largely responsible for the estate throughout the probate process.

What to Know About Probate Administration

Probate administration involves a range of legal and financial responsibilities related to managing and distributing assets in an estate. While probate describes the overall court-supervised process, probate administration covers the entire array of work that must be done to carry out and complete that process. Some of the responsibilities involved in administration are listed below:

• Gathering financial records and important documents
• Communicating with beneficiaries and heirs
• Filing court documents and meeting all legal deadlines
• Working with lawyers, accountants, and appraisers
• Paying creditors and resolving any claims against the estate
• Paying estate taxes
• Distributing assets according to the will or intestate probate administration laws
• Maintaining records of all estate transactions

A probate administration case can be extremely complex. With cases involving difficult disputes or assets, it is even more important to work with a Woodland Hills probate administration attorney. Some reasons probate administration can become more complicated are listed below:

• Family disputes
• Contested wills
• Large or high-value estates
• Multiple properties or business assets
• Missing beneficiaries or creditors
• Unclear estate planning documents

The California Probate Process

In 2024, 16% of Los Angeles County residents were 65 and older. Knowing the proper steps to take after the passing of a loved one is vital to avoiding legal penalties. Those left behind after a loved one’s death are required to follow California’s probate process. Probate is the legal process that handles a deceased person’s estate. An estate is anything the deceased owned in life.

If your loved one had a will and named a personal representative, that representative is going to be in charge of handling probate. Doing so alone can quickly become overwhelming. To avoid making common probate administration mistakes, hire a probate administration lawyer for help adhering to California’s strict probate laws. The personal representative must carry out the responsibilities listed below:

1. File for probate promptly. The will must be filed with the Stanley Mosk Courthouse, located at 111 North Hill Street in Los Angeles. If an executor, administrator, or personal representative isn’t named in the will, the court must be asked to appoint one to manage the estate.
2. Track down and preserve the deceased’s assets. This is called creating an inventory. It includes all property, money, and debts. The inventory must list details about any money owed by the deceased, such as loans or bonds. The personal representative must swear under oath that the inventory is complete and accurate to their knowledge, especially regarding any money or debts involving themselves.
3. Notify creditors and use the estate to pay off any remaining debts or taxes. Creditors must file a formal claim to recover any debts of the estate. Creditors and debtors have either four months from the date the court officially appoints a personal representative, or 60 days from when they receive notice of the probate case, whichever time period ends later.
4. Distribute the remaining assets to the proper beneficiaries outlined in the will.Proper distribution of high-value assets is critical. Many estates in Woodland Hills are significant because it is a wealthy area. The median home value in Los Angeles County was $921,200 in 2024, and the average annual income was $81,939.

What Happens if There Is No Will?

If your loved one did not leave a will behind, their property goes to their legal heirs under California’s rules for intestate succession, which decide who inherits when there is no will.

However, there are certain assets that can avoid this process. These include:

• Property in a trust
• Life insurance with a named beneficiary
• Retirement accounts with a beneficiary
• Transfer-on-death accounts
• Community property

If the deceased has children but no spouse, the children inherit everything. If there’s a surviving spouse but no children or other relatives, the spouse inherits everything.

If there are parents but no spouse or other relatives, the parents inherit everything. If there are siblings but no spouse or other relative, the siblings inherit everything.

If there’s a surviving spouse and children, the spouse gets all community property and part of the deceased’s separate property, while the children get what’s left over. Community property is any property acquired during marriage, regardless of who obtained it. It can include income, debts, and real estate. Separate property is anything acquired before marriage. If there are no family members, the property goes to the state.

Why You Should Work with a Woodland Hills Probate Administration Lawyer

Working with a lawyer can help make the probate administration process easier, whether you need representation during probate hearings or guidance with financial transactions for the estate. Probate is complex and time-consuming, but with a Woodland Hills probate administration attorney, you can feel confident that the estate is properly handled and can reduce the stress this process often brings.

A lawyer can help with the tasks listed below:

• Assist with filing court documents in accordance with strict probate administration laws and deadlines.
• Gather and value estate assets.
• Communicate with creditors and beneficiaries on your behalf.
• Help pay debts and taxes correctly to avoid future penalties.
• Help executors understand and carry out their fiduciary duties without mistakes that could create personal liability or delays.
• Resolve disputes between interested parties.

Whether you are an executor who needs help managing a complex situation or a family member concerned about whether the estate is properly managed, you should hire a probate administration lawyer for help.

FAQs

What Happens if More Assets Are Found After Probate Has Ended?

If more assets are found after a probate case has ended, the court can start another round of probate. When this happens, the court will choose a new personal representative. However, the person who handled the estate before has priority to be reappointed. The court must give notice of the hearing to that former personal representative and to everyone else who has an interest in the estate.

What Makes a Will Valid in California?

To be valid, a will must be handwritten or typed. It must be signed by the testator, who is the creator of the will, and witnessed by two people who were present when the testator signed. If these requirements are not met, it can still be accepted by courts with proper evidence. If there’s no valid will in place, probate defaults to intestate succession laws, which may go against the personal wishes of the deceased.

What Happens if My Loved One’s Estate Is Small?

When a person dies with a small estate, a simplified process is used to handle it. If the estate is worth less than $166,250, the public administrator can request court approval to manage it quickly. If the estate is worth $50,000 or less, the public administrator can handle it without going to court. The administrator has the authority to collect and manage the deceased person’s assets.

Who Pays the Probate Lawyer’s Fees in Woodland Hills, CA?

In Woodland Hills, CA, a lawyer’s fees during probate are generally paid using the deceased’s estate. However, most fees have to be paid upfront and can be reimbursed from the estate later on. Usually, the personal representative will be the one to pay upfront. During your consultation with Barry Law Group, we can offer transparent pricing expectations, so there’s no confusion about payment.

Hire a Probate Administration Lawyer with Experience in Woodland Hills

Reach out to our office to learn how we can help you. We offer free consultations to those living in Woodland Hills and the surrounding areas. Regardless of the complexities of your case, you need a strong legal advocate to be a part of your support system. Barry Law Group can provide the support and resources you need. Contact us to schedule your free probate administration case consultation.