Redondo Beach Probate Lawyer

Expert Probate Attorney in Redondo Beach, CA

When a loved one passes away, it’s a devastating event for the whole family. As you mourn the loss, you can face many challenges, such as what to do with their belongings, how to live without them, and what will happen to their property and other assets in their estate. The probate process is complex and confusing. Instead of worrying about deadlines and making mistakes, you need a Redondo Beach probate lawyer who knows the law and each step that needs to be done.

My Probate Expert has been helping families with probate for years in Southern California. We can answer your questions and guide you through the legal process. Whether the estate is small or large, we approach our clients with a personalized touch, based on each one’s unique needs. Our former clients comment on our professionalism, collaboration, and caring. We come highly recommended in the Redondo Beach community.

What Is Probate?

Probate is the legal process through which property is transferred or inherited after someone passes away. Most estates must go through probate in some form or another, whether there’s a will or not.

In Fiscal Year 2023-2024, California had 63,609 filings for probate. The Los Angeles County Superior Court heard 45,894 trials for probate and mental health that same year. There were 909 of these trials that ended in a jury trial for litigation.

There are exceptions to the probate process and other considerations that may affect your loved one’s estate. You can hire a probate lawyer to discuss your specific situation to see what may apply to you.

What Happens If There Isn’t a Will?

When the deceased person doesn’t have a will, California’s probate laws declare that the community property is subject to succession. This means that the person’s spouse inherits the assets acquired during the marriage. If there is no surviving spouse, the estate goes to the deceased person’s children. If there are no children, everything goes to the parents. If the parents are no longer alive, it will go to other blood relatives.

In this scenario, unmarried partners or charities do not receive any part of the estate, even if the deceased verbally promised an asset or funds. Without a will, their final wishes are not legal.

Probate Process in California

The probate process is detailed in California’s Probate Code. Each step is crucial. Having an experienced advocate can help you complete the steps correctly and stay on the appropriate timeline.

1. File a petition with the Los Angeles Superior Court, located at the Stanley Mosk Courthouse downtown. With the petition, the supporting legal documents should be provided, including a will, which needs to be validated before it’s considered.
2. Creditors, beneficiaries, and heirs are notified and given the scheduled time of a probate hearing. This provides everyone involved with time to come forward about debts and taxes that may be owed.
3. An inventory of the assets is done by a court-appointed referee. This is also when those assets are appraised for their value.
4. From the money acquired by the estate, the taxes and debts are paid.
5. The remaining assets and funds are distributed to the beneficiaries or heirs.

What Is Included in Probate?

Certain assets are considered for probate:

• Individual stocks and bonds
• Real estate that the deceased individual owned
• Personal bank accounts
• Vehicles that were for personal use
• Interest in businesses or business venues
• Royalty, patents, copyrights, or trademarks

Exceptions From Probate in Southern California

Some exceptions to probate exist that can move the process along more quickly. Consult a Redondo Beach probate attorney to see if you qualify, but some of these exceptions can include the following:

• The deceased made a living trust before dying. This trust allows all assets to go directly to the beneficiaries listed in the trust.
• Accounts with named beneficiaries, like retirement accounts, are not subject to probate. The funds in these accounts go to the beneficiaries listed in the accounts.
• Any property or business that is owned jointly with a spouse or business partner can transfer to the survivor.
• Smaller estates, defined by the Probate Code, can be addressed by an affidavit rather than the full probate process.

FAQs

What Is the Average Cost of a Probate Lawyer in California?

The fees for a probate lawyer are detailed in California Probate Code 10800. They are based on the total value of the estate and are as follows:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9 million

Which Bank Accounts Avoid Probate in California?

Joint bank accounts are not included in probate. Since the account is shared with another person and that person is still alive, the funds in that account aren’t part of the estate. The other person on the account must present a death certificate to the bank to retrieve the funds and change its status to personal.

Do I Need a Lawyer for Probate in California?

You are not required to have a lawyer for probate, but it’s recommended to consult someone with experience in that area of law. They can be your guide and keep you on track with each step. They can provide updates and suggestions throughout the process. A knowledgeable probate attorney can help you avoid common mistakes in the probate process.

What Are Some Common Mistakes During the Probate Process?

There are some common mistakes people make during the probate process. The first is missing important deadlines. The courts have a strict timeline, which needs to be followed. Another mistake is distributing assets before the final ruling. This can result in legal charges and other consequences. To avoid these mistakes, you can consult a capable probate attorney.

Talk to an Experienced Probate Attorney

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Hire a Probate Lawyer in Redondo Beach

At My Probate Expert, we offer a compassionate and caring approach to your probate case. We pride ourselves on being responsive and ready to answer any questions. Going through probate in California is time-consuming and confusing, but you don’t have to do it alone. Contact us today to schedule a meeting in our Los Angeles office. Let us help you through this difficult time.