Los Angeles
Beverly Hills
Woodland Hills
Irvine
(888) LAW-9991
or call (213) 626-2222
Main Office
300 South Grand Avenue
Suite 1110
Los Angeles, CA 90071
office (213) 626-2222
fax (213) 626-2202
all offices by appt only
 
 
 
ESTATE PLANNING
Wills
Revocable Living Trust
Irrevocable Trusts
Advanced Estate Planning
Trust Funding
Family Entities
Power of Attorney
ESTATE ADMINISTRATION
Probate
Trust Administration
PERSONAL INJURY LAW
Auto Accidents
Motorcycle Accidents
Truck Accidents
Slip & Fall
Dog Bites
Burn Accidents
Wrongful Death
BUSINESS FORMATION
Corporations (S & C)
Limited Liability Company
Professional Corporations
Limited Liability Partnership
Family Limited Partnership (FLP)
Family Ltd Liability Company
Buy-Sell Agreement
Shareholder Agreement

PROBATE

Spousal Property Petition
Small Estate Petition
Conservatorship
Probate Code Section 3101 Petition

Probate is a legal proceeding which is used to wind up a person's legal and financial affairs after death. Probate can be commenced either with or without a Will. If the decedent did not have a Will, then the court will appoint an administrator to perform many of the functions such as gathering assets and identifying the creditors of the decedent's estate. If the decedent has a Will, then the Will generally names an executor of the estate. The executor generally assists the attorney in identifying the decedent's assets and creditors and family members who will receive notice of the probate proceeding.

Probate is the legal process of transferring of property upon a person's death. Probate is a court-supervised process that is designed to sort out the transfer of a person's property at death. When a person dies, the legal title of property or accounts from their estate has to be transferred either with or without a will. Probate is the process which allows the proper transfer of the decedent's estate to the rightful beneficiaries or heirs. The probate process takes at least six months and take up to several years.

It is estimated that the total cost of probate can amount to around 3% to 8% of the deceased's GROSS estate, although this does depend on the complexity of the process. If the will is contested, the cost of probate can substantially increase, and you will find that the process will be far more costly both in terms of time and money.

The following is the general steps which are associated with a probate:

1. Petition for Probate
2. Appointment of Executor or Administrator
3. Inventory & Appraisal of all assets
4. Creditor Claims
5. Paying all debts, claims and taxes owed by the estate;
6. Collecting all rights of the estate
7. Settling any disputes; and
8. Distributing or transferring the remaining property to the heirs.

How can I avoid probate?

1. Establish and Fund a Revocable Living Trust
2. Joint Tenancy or Community Property with Rights of Survivorship;
3. Beneficiary Designations, for example, Life Insurance Policies and Retirement Plans with beneficiaries designated
4. Summary Administration: If the estate is small enough and there are no disputes among the beneficiaries, the estate may be able to be distributed outside the probate court proceeding. Living trusts and real property held in joint tenancy are distributed outside the probate proceeding (See Below).
 

Estate Tax Faces Its Own Life-and-Death Struggle

"Parties are at odds on how to deal with a levy set to disappear entirely in 2010 before being resurrected at full pre-Bush level..."
www.WSJ.com

Commercial Real Estate’s $1 Trillion Time Bomb

"According to analysts at Deutsche Bank AG, as property value declines and scarce credit continue to drive commercial property developers and investors into default, total lifetime losses on banks' $1 trillion 'core' commercial-mortgage holdings..."
www.WSJ.com

Debate Over Estate Tax Likely to Wait Till 2010

"A split among Democrats and a busy fall agenda is likely to have lawmakers hold off this year on debating the future of the estate tax, even though it expires at the end of the year..."
www.TheHill.com