LOS ANGELES PROBATE ATTORNEY

Probate Attorney, Joseph McHugh has over 30 years of experience handling probate cases throughout the different California County Probate Courts.

Joe’s law office is in Burbank California making his office centrally located in Southern California. Setting up most probate cases with our clients are managed remotely VIA phone, email and FEDEX these days. All California probate courts allow attorney to appear remotely. Our clients do not have to attend hearings and if so, it can be managed through online video or phone appearance. In most cases our attorney appears in court and communicates with clients after the hearing. Need Help? Call us at: (818) 241-4238

The legal process of a Court-Managed Probate is needed when a person dies (with a Will or without a Will), with assets over $184,500 in the decedent’s name alone without listed beneficiaries (or not recorded in a Trust). This requires the heirs of law to go through the Probate Court in the county the person died in to transfer the title of real property (or bank accounts) to the approved beneficiaries.

 

If you are looking at this page, we are sad that you have probably lost a loved one! The death of a family member is always difficult and administering the Probate Estate of a loved one can be legally and emotionally challenging, especially if you have difficult family to deal with! It is a good thing to say, “please call my attorney” and give them Joe’s phone number.. (818) 241-4238

As a Probate Attorney in Los Angeles County, Joe helps the “Executor” of an Estate understand and follow with the complex Probate Court System Rules and actually creates the required documents as efficiently as possible to reduce the time it takes to close the probate and be able to transfers assets to the heirs.

We are a great resource and have many years of experience in helping “Out-of-Town” or “Out-of-State” families dealing with a loved one passing away and needing a Probate Attorney to close the Estate in the Los Angeles County Probate Courts.

It is very difficult to figure out how the courts work and what petition and expected actions must take place for the probate judge to approve the final transfer of assets in a probate case. Currently in California it takes over one year to get through a Probate case with a skilled attorney leading the charge! Just imagine trying to do this without help!

How Can We Help You With Probate Administration?

Probate requires an Administrator (also known as the Personal Representative) to have a fiduciary duty to administer the probate estate properly and timely and can be personally surcharged (financially penalized) for mistakes. Also, at the time of death of a loved one, beneficiaries can be very demanding and big family fights can arise soon after the death. Managing a California Probate Estate with multiple beneficiaries can be overwhelming for a family member without the help of an experienced Probate Lawyer.

Joseph McHugh is an experienced California Probate Attorney (Los Angeles County Probate Court). He with a highly skilled Paralegal staff is ready to provide immediate legal guidance through this court-intrusive process as soon as you get a death certificate for the deceased.

Basically… the quicker you get the Probate started, the quicker you can close the Probate case in Court and get approval to distribute assets to the Beneficiaries. Our first step is to have you fill out a Probate Intake Sheet outlining all family members and known assets.

Joe and his highly skilled paralegals work closely with YOU (the Executor / Administrator), to complete the Administration and Closing of the Probate Estate as expeditiously as possible, and we guide and advise the Executor/Administrator regarding his or her responsibilities to discharge such duties.

As the Administrator, it makes sense to have legal support and run interference… as you will be required to oversee and manage the entire probate process which means finding all of the probate assets, having these assets appraised at fair market value, filing a Probate Petition in the Los Angeles Probate Court, complete a needed legal action, formally notify beneficiaries and creditors of the Probate Administration, file a final income tax return, and prepare a formal accounting of the Probate Estate’s assets and expenses, which must be approved by the Probate Judge. Then finally with Probate Court approval, the Executor / Administrator can distribute assets to the Beneficiaries according to what the Court approved after the Beneficiaries sign a final document that accepts their share of the Estate and states they will not sue the Administrator in the future regarding their actions as the Administrator.

How Is An Executor / Administrator Appointed For Probate Administration?

The California Probate process starts when an interested party (generally a family member) files a Petition with a Death Certificate in the California Probate Court that is in the county of the deceased person’s former residence or county of death.

If there was a Will, the person that the decedent named as Administrator in the Will files a petition with the Probate Court asking to be appointed Executor. If the Court grants the petition, the Court then creates orders formally appointing the Administrator and gives the new Administrator Court orders establishing the Executor’s authority to third parties (Banks, Beneficiaries, Realtors, etc.). These legal documents will legally allow the Administrator to access the deceased person’s property and begin the Probate Process.

What Does An Executor / Administrator Have To Do For Probate Administration?

The Probate process starts with filing the Original Will with the appropriate Court, or if there is no Will filing a request that the Court determine who the heirs are so the property can pass by intestate succession. The Court will determine the validity of any Will. Whether or not there is a Will, the Court will appoint a person to Administer the estate, that person is known as an Administrator (or Personal Representative).

The Estate’s Administrator must collect the assets subject to Probate, pay debts and death taxes, and request Court authorization to distribute assets to the person named in the will or to the decedent’s heirs.

The Administrator manages the Probate Administration Process (with guidance from their Probate Attorney / Paralegals) which includes non-probate transfers of the deceased’s assets, such as life insurance, annuities, qualified retirement plans, and trust assets and compliance with applicable estate tax requirements. Our team of experts assists the Administrator of the Probate Estate in the gathering, valuation, potential sales of real estate, accounting, and distribution of the decedent’s assets. Then completes federal estate tax returns, as well as prepares any other legal requirements in accordance with the law.

What Are The Legal Fees For Probate Administration?

Probate cases are a lot of work, and the fees are not due until the Probate case is closed. In California the Estate’s Administrator and the assigned Probate Attorney are each entitled to minimum fees as set forth by the California Probate Code according to the following ***schedule;

**Attorneys may also charge extraordinary fees based on their hourly rate. This fee is calculated on the “estate accounted for” or generally the gross estate.

The Sale of Real Property is supervised by the Court which will set a minimum price, and the property may be sold at Public Auction in court.

The Probate process usually takes12 months to 18 months or longer; depending on the size and complexity of the Probate Estate as this will determine the actual duration of the Probate. Upon final distribution and transfer of all probate assets to the appropriate persons, the court discharges the Administrator, and the estate is closed. Our law firm’s job is to be at the Administrator’s side through the entire process.

We are proud to be a part of the complete solution to your family’s crisis, not just the lawyers that create the legal documents. We understand the issues surrounding a person dying and their loved ones having to deal with the Probate Court System to close their estate.

We are ready to help you through this complicated court intrusive process!

After a thorough review of the best strategies and most effective way to handle your specific Probate needs and explain the statutory attorney fees, we will structure a comprehensive plan to help you through this complex legal process created specifically for your situation.

Call for consultation: (818) 241-4238. Or you can submit this form to request a consultation.