Palos Verdes Probate Attorneys

Probate is an important court process to resolve someone’s estate after they die. Unfortunately, it often falls to the deceased’s loved ones to handle this process, which makes the legal process even harder to navigate. If you are an executor, personal representative, or loved one who needs help filing a probate petition, the right Palos Verdes probate attorneys can help. An attorney can provide guidance and streamline the California probate process.

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What Does “Probate” Mean?

California probate court oversees the administration, distribution, and closure of the estate of someone who has died. In general, the probate process includes:

• Reviewing the validity of an existing will
• Appointing an executor or personal representative to manage estate administration
• Identifying and appraising the assets and debts in the estate
• Following a will’s specific instructions

• Paying creditor claims, required taxes, and other expenses
• Managing familial disputes
• Distributing assets in the estate to beneficiaries named in the will or legal heirs
• Closing the estate

Probate courts are often not directly involved in the entire probate process. The executor or personal representative handles many of the steps in order to administer the estate. They then provide reports and an accounting to the probate court. The court sees that legal procedure is followed, the terms of a will are respected, and the estate is closed properly.

Is Probate Always Necessary?

Probate is usually necessary to transfer assets in an estate to the heirs or beneficiaries, but it isn’t always necessary. Estates or portions of estates can avoid probate by directly transferring to beneficiaries in three primary ways:

1. A small estate affidavit
2. An account or other asset that allows you to name a beneficiary
3. A trust and other estate planning tools

In Palos Verdes, the median household income is $160,539, compared to a state median of $90,845, and 77.5% of homes in the area are valued at $1 million or higher. Because of this, it is unlikely that most estates can qualify for a small estate affidavit. Instead, families who want to avoid probate have to use estate planning techniques like pay-on-death and transfer-on-death accounts, joint tenancy ownership, beneficiary designations, and trusts.

If you have a will, your estate still goes through probate. However, the will prevents your estate from being distributed based on state laws and allows you to make other key decisions in advance.

What Does the Probate Process Usually Involve?

The probate process can vary depending on the estate, the existence of a will, and other factors. Generally, it includes the following steps:

1. Filing a probate petition. The executor or another party must first file the petition for probate in the correct court. This process includes providing the petition, requesting the specific type of probate, and submitting a will if there is one, among other documents.

2. Assessing the will. When a will exists, the probate court has to assess its validity. The executor named in a valid will is made the personal representative of the estate. If there is no will or an existing will is deemed invalid, the court appoints someone as the personal administrator. The validity of the will also changes other issues, such as who is named the guardian of minor children and how the estate’s assets are distributed.

3. Providing notice. The personal representative has to inform heirs, beneficiaries, and creditors of probate. Notice must be provided to known and unknown interested parties.

4. Assessing assets and debts. The personal representative has to get control of and inventory the assets in the estate. They must also assess and appraise both assets and debts. This process may be easier when there is a will because assets can be included in the will, as well as how to secure them.

5. Paying debts. After notice is provided to creditors, those creditors can make claims on the estate. The personal representative then pays the valid creditor claims from the estate. Other things must be paid, including the estate’s taxes and expenses from the probate process.

6. Distribution for heirs and beneficiaries. The assets that remain after debts are paid are then prepared for distribution to heirs or beneficiaries. If there is a will, the assets are distributed based on the will’s wishes to beneficiaries. If there is no will, the assets are distributed according to the state’s intestate inheritance laws.

To end probate, the personal representative provides an accounting to the probate court. If this account is approved, the estate is closed, and the assets are distributed.

How Long Does Probate Last?

Probate can last for several months or several years, although the timeline is entirely reliant on the specifics of your estate, your probate court, and other factors.

Some probate courts have busier schedules, so it can take longer for the initial petition and follow-up hearings. If there are disputes between beneficiaries or heirs about the distribution of the estate or the validity of the will, the case is likely to take much longer. Complex assets, out-of-state assets, and many creditor claims can also make the process take longer.

Where is the Local Probate Court in Palos Verdes?

When someone dies and they lived or owned property in Palos Verdes, probate is usually handled by the County of Los Angeles Superior Court of California Probate Court. There are three courthouses in the county that handle probate cases. The nearest to Palos Verdes is the Metropolitan Courthouse, located in Los Angeles at 1945 South Hill Street.

About Wickers, Wicker & Admans LLP

Probate can involve many legal responsibilities, complex family dynamics, complicated estates, and many other frustrating challenges. If you are ready to discuss probate and have additional questions about the process for an attorney, connect with Wickers, Wicker & Admans LLP. Our firm has more than 25 years of combined legal experience, including significant experience in probate cases, both complex and more straightforward probate matters.

We understand the legal complexities of these cases and are also aware of what a difficult time it is for families and loved ones. Our firm is proud to provide support for those throughout the South Bay communities, whether you are an heir, a beneficiary, an executor, or a personal representative.

As you navigate the probate process, we want to help lower your stress, answer your questions, and offer exceptional guidance with personalized and strategic legal representation.

Hire a Probate Attorney: Choose Wickers, Wicker & Admans LLP

When you hire a probate attorney, they can help limit errors, resolve disputes, and handle other issues that would lengthen the process. Get the support you need and contact us today for an initial consultation with a trusted attorney.