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.

The California Probate Process

In 2023, 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 will be in charge of handling probate. Doing so alone can quickly become overwhelming. To avoid making common probate administration mistakes, be sure to hire a probate administration lawyer to help ensure legal compliance. The personal representative must:

1. File for probate in a timely manner: Once the will is found, it must be filed with the Stanley Mosk Courthouse, located at 111 North Hill Street in Los Angeles. To begin the probate process, someone must ask the court to appoint a personal representative—also called an executor or administrator—who manages 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 the debts. They have either four months from the date the court officially appoints a personal representative, or sixty days from when they receive notice about the probate case, whichever time period ends later.
4. Distribute the remaining assets to the proper beneficiaries outlined in the will: In 2023, the average home value in Los Angeles County was $783,300, with 46.1% of residents being homeowners. The average income was $87,760. Proper distribution of high-value assets is critical.

What Happens if There Is No Will?

If your loved one didn’t 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.

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 first 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, the creator of the will, and witnessed by two people who see the testator sign. If these requirements aren’t met, it can still be accepted by courts if evidence shows the person intended it to be their will. If there’s no valid will in place, probate will default to intestate succession laws, which often go against the personal wishes of the deceased.

What Happens if My Loved One’s Estate Was 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 Years of Experience

Reach out to our office today 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 is here for you.