Calabasas Probate Administration Lawyer

One of the most challenging experiences someone can experience is the loss of a loved one. Unfortunately, the legal aspect of their passing can make the experience exponentially worse, especially if issues arise. If you have recently lost a loved one and are unclear about your next steps or need help protecting your rights, speaking with an experienced Calabasas probate administration lawyer should be a priority.

Skilled Probate Administration Support in Calabasas

When working with our team, you can expect impeccable professionalism and a tenacious pursuit of a favorable outcome for your situation. Whether you need guidance on probate administration, assistance with trust litigation, or support through estate litigation, our attorneys are here to help every step of the way.

Navigating California’s probate laws can be difficult, even more so when you are also processing your grief. Barry Law Group understands how challenging this experience can be and can approach your case with the compassion and dedication you deserve.

Estate Administration and Probate

When someone dies in California, their estate must pass through estate administration before their property can be distributed to the beneficiaries. There are two main ways this happens, and they are explained below:

• Testate Succession: When a person dies with a valid will in place, they are said to have died testate. This means their property will be distributed in accordance with their wishes specified in their will. Within the will, the decedent will have named an executor who is responsible for administering the estate.
• Intestate Succession: When a person dies without a valid will in place, they are said to have died intestate. During intestate succession, the property within an estate will be distributed according to California Probate Code 6400-6455.
  A study published in 2023 showed that less than half of 50+ heads of households have a will, though that percentage jumps to 67% for heads of households over the age of 70. When there is no will present, intestate laws apply, and an estate administrator is appointed by the court to assume the role of an executor.

If you have been appointed as an administrator by the court or even an executor by a will, connecting with an experienced probate administration attorney can be a valuable choice. Their insight into and knowledge of the law can help make the process much less difficult.

A Step-by-Step Guide to California Probate

Probate is not often a quick and simple process. The total time it takes to complete probate is situation-dependent, but it typically ranges from several months to more than a year. During this time period, the steps that must be completed are outlined below:

• File the petition: The petition must be filed with the original will to the court within the county where the decedent resided immediately preceding their death.
• Publish the Notice of Hearing: Published in a local newspaper one day each week for three weeks, this notice serves to inform creditors and unknown heirs of the probate proceeding.
• Post a bond: In many instances, Probate Courts require executors or administrators to post a California probate bond to protect the estate and its beneficiaries.
• Prove the will: It must be shown that the decedent’s will was prepared and executed in accordance with California’s laws.
• Collect and distribute estate assets: The executor or administrator is responsible for collecting the eligible probate assets and changing ownership to the beneficiaries. Some assets may be sold during the probate process.
• Pay estate creditors: Known creditors must be contacted, and then they will submit a claim against the estate. Any valid claims must be paid before assets can be distributed to the beneficiaries.
• Pay estate taxes: Tax returns may need to be filed for the decedent, the estate, the executor, or the administrator.
• Close the estate: A complete and final accounting of the actions taken during probate is presented to the court.

Types of Disputes that Can Come Up During the Probate Administration Process

Probate administration can become contentious when family members, creditors, beneficiaries, or the executor disagree about how an estate is being handled. These disputes can arise at nearly every stage of the probate process and can significantly disrupt or delay asset distribution. Some of the most common reasons for disputes are listed below: 

• An invalid will. If a party believes that a will is invalid, it can put into question whether the instructions on asset management can be adhered to. A will may be invalid if it can be proven that the deceased lacked the mental capacity to create a will, was subject to undue influence, was coerced, or signed the will as a result of fraud or coercion.
• Mismanagement of estate assets by the executor. An executor or administrator has a fiduciary duty to manage all estate assets. This involves avoiding acting out of personal gain and ensuring all assets are properly protected and maintained. A dispute can arise if another person suspects an executor of breaching this duty, such as by using assets for personal expenses, unauthorized sale of estate assets, or poorly handling finances.
• Improper estate distribution by the executor. An executor must either follow the instructions provided in a will or other estate planning document, or they must adhere to the court’s intestate succession laws. Disputes can happen if an executor ignores estate planning documents or intestate laws by changing inheritances, denying inheritance to certain heirs, or distributing additional assets to themselves.
• Creditor claims. Claims against the estate are common for outstanding debts, loans, or medical bills owed by the deceased. However, there are sometimes disputes over whether a claim is valid or involves an accurately calculated debt. Resolving these claims is essential, as assets cannot be transferred to heirs until debts are settled.
• Disagreement on asset valuation. Conflicts can occur when heirs disagree about the fair market value of estate assets. This often involves real estate, business assets, investment accounts, and other assets that can be more difficult to accurately value. Settling these disputes requires a complex analysis of financial records and valuation reports.

How Disputes Are Resolved in Probate

Many probate disputes can be resolved without court involvement, such as through negotiations or mediation with the help of a skilled Calabasas probate attorney. However, when a probate administration case cannot be settled, it can move to court.

These cases are handled by one of two Superior Courts of California. Central District Calabasas probate administration cases are heard at the Stanley Mosk Courthouse on North Hill Street in Los Angeles. Northwest District probate administration cases are heard at the Van Nuys Courthouse on Sylmar Avenue in Van Nuys.

This process begins by filing a petition with the court, asking the court to take a specific action, such as invalidating a will or removing an executor. Whether you need help filing a petition or you have recently learned that someone filed an inaccurate claim, you should hire a probate administration lawyer early on in the process.

The next step towards resolution involves presenting evidence to support your claim, such as estate planning documents, financial documents, records of communication, or medical records. The judge uses this evidence to determine whether to take the action proposed in the filing or not.

Hire a Probate Administration Lawyer from Barry Law Group

For over 35 years, Barry Law Group has been committed to helping members of the community nestled in the Santa Monica Mountains through legal issues with integrity and passion. As our team has grown, so have our capabilities. All the while, though, we have remained dedicated to delivering exceptional legal services. We believe each client is owed legal representation marked with the elements listed below:

• Transparency: We communicate honestly and openly with our clients to maintain the highest standards of legal professionalism and ethics.
• Top legal strategies: Our legal strategies are tailored to your specific legal needs.
• Unmatched dedication: Our team is dedicated to representing our clients with commitment, passion, and integrity.
• Impeccable performance: We have a long history of high client satisfaction, which lends itself to long-term relationships with clients and high referral rates from previous clients.

FAQs

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

In Calabasas, CA, the need for a lawyer while going through probate is dependent on the circumstances, but most people will benefit from the support of a probate lawyer. In simple estates where the decedent thoroughly planned for their death, an attorney may not be required. However, probate is a legal process that can be marked by many difficulties, so an attorney is often recommended.

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

The main difference between a probate lawyer and an estate lawyer is when you utilize their services. A probate lawyer helps their clients through probate by helping them settle a decedent’s estate through probate. An estate lawyer helps their clients plan for their death or incapacitation by creating a legally binding estate plan.

How Much Does a Probate Administration Lawyer Cost in California?

The cost of a probate administration lawyer depends on the total value of the decedent’s estate. Sections 10810-10814 of the California Probate Code determine the fees charged by attorneys. For ordinary services, the fee starts at 4% for the first $100,000, then changes to 3% for the next $100,000, 2% for the next $800,000, 1% for the next $9 million, and 0.5% for the next $15 million. The court determines a reasonable value for estates valued over $25 million.

Is Probate a Requirement in California?

Probate is not always a requirement in California. If the decedent created a revocable, living will, or other estate plan that accounts for all their property, their estate may not need to go through probate. Additionally, small estates valued at less than $166,250 may be able to avoid probate. A probate lawyer can help you determine which parts of probate, if any, your loved one’s estate must go through.

Trusted Probate Administration Support

Barry Law Group is committed to helping our community through probate while you grieve your loved one. If you are in this position, please contact our team to schedule a consultation and learn how we can assist you.