Los Angeles Probate Attorney
San Fernando Valley Probate Lawyer
Burbank Probate Attorney
“Failing to plan is planning to FAIL.” - Alan Lakien
What is Probate Administration?
“As the attorneys for an estate, we help the Executor deal with the California Probate Court system and carry out their responsibilities as skillfully and efficiently as possible.”
The death of a family member is always difficult, and administering the probate estate of a loved one can be legally and emotionally challenging. As the attorneys for an estate, we help the Executor carry out their responsibilities as skillfully and efficiently as possible. Our attorneys and paralegals work closely with the Executor to complete the administration of the probate estate as expeditiously as possible, and we guide and advise the Executor regarding his or her responsibilities to discharge such duties. The probate of an estate provides a significant opportunity to save estate taxes and to adjust for changes in the decedent's family or other circumstances after the execution of his/her will. As experienced California probate lawyers, we are skilled and ready to help.
Helping You With Probate Administration
Probate Administration includes the probate process, as well as 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 Trustee of the estate in the gathering, valuation, accounting and distribution of the decedent's assets. We verify that federal estate tax returns are prepared, as well as prepare any other legal requirements in accordance with the law.
When a person dies with a Will (or no Will), assets in the decedent’s name alone must be probated to transfer title. Assets held in the names of both husband and wife do not need to be probated. Any assets left in the will for the benefit of a person other than the surviving spouse are subject to probate. Some assets are not subject to Probate, these assets include but are not limited to, joint tenancy property, and insurance proceeds not payable to the estate, and retirement benefits not payable to the estate.
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 executor, administrator or personal representative.
The personal representative 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.
In California the personal representative and attorney are each entitled to minimum fees as set forth by the California Probate Code according to the following schedule;
4% of the First $100,000
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$4,000 |
3% of the Next $100,000
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$3,000 |
2% of the Next $800,000
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$16,000 |
1% of the Next $9,000,000
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$90,000 |
**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 who will set a minimum price, and the property may be sold at Public Auction in court.
The Probate process usually takes nine months to two years; however, the size and complexity of the probate estate determines the actual duration of the probate. Upon final distribution and transfer of all probate assets to the appropriate persons, the court discharges the personal representative. We are ready to help you through this complicated 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 the care of aging loved ones and what it takes legally to meet your needs and goals, while giving your family the peace of mind that your loved ones are getting the best care possible in a complex and confusing situation.
Please contact our office for a free initial consultation with Joseph McHugh, a California Elder Law Attorney. Or you may wish to call our office or check our web site for the date of our next free public class or workshop to learn more about elder law and the legal ways you can stay in control of your assets and your life! (877) 537-8283.
After a thorough review of the best strategies and most cost effective process for the Probate Process and explain the statutory attorney fees and the scope of work, we will structure a comprehensive plan to help you through this complex legal process created specifically to for your situation.
Our Law Office is located in Southern California; however, we serve many clients throughout the state and love an occasional road trip to help all of our clients, their family and friends.
We are very proud of the many personal and professional referrals we receive from happy clients and colleagues. Please contact our office today to schedule a free 30 minute consultation.
Take advantage of a free phone consultation or appointment for a free 30 minute consultation to review your individual situation and determine if you would benefit from our experience and legal services. Call us at:
Local Phone: (818) 241-4238 or
Toll Free Phone: (877) 537-8283 |
