Encino Probate Lawyer

Trusted Probate Attorney in Encino, CA

If you are in need of an Encino probate lawyer, you are likely facing a complex set of issues. Dealing with lawyers and courts when you are grieving the loss of a loved one can be intimidating. Family dynamics can be stressful. At My Probate Lawyer, we focus on probate law. We help clients in Encino and all across Los Angeles understand and navigate the probate process with ease, professionalism, and respect.

About My Probate Lawyer

My Probate Lawyer is a probate law firm serving Encino and the surrounding communities in Los Angeles County. Our exclusive focus on probate law enables us to deliver knowledgeable advice to clients throughout their probate journey. We are a probate-only law firm, which means we are familiar with all aspects of probate cases.

Whether your case requires you to go to court, you have questions about your fiduciary duties, or you want your probate case resolved as quickly as possible, we are here to help.

Probate in Encino, CA

Probate is the court-supervised process of administering and distributing a deceased person’s estate. Whether someone died with a will or without a will in California, probate may be required to transfer their assets. In fiscal year 2023-2024, there were 63,609 cases that were a result of probate filings. In Los Angeles County, there were 19,046 filings. The previous year, there were 18,111 filings in the county. Common probate case tasks include:

• Filing the petition with the probate court to open the estate
• Applying for an appointment as a personal representative or executor
• Locating and determining the value of probate assets
• Identifying/hearing notice to heirs, beneficiaries, and creditors
• Paying debts, taxes, and administering expenses
• Releasing remaining assets as outlined in a will or by intestate law

Probate laws are governed by California law, primarily the California Probate Code.

Los Angeles County Probate Court

Probate cases for residents of Encino are filed in and heard by the Los Angeles County Superior Court—Probate Division. The majority of probate cases are litigated in the Stanley Mosk Courthouse located in downtown Los Angeles at 111 North Hill Street, Los Angeles, CA 90012.

The Stanley Mosk Courthouse is where all probate filings, hearings, and approvals take place for Los Angeles County. It’s important for Encino probate attorneys and their clients to be familiar with local court rules, procedures, and timelines.

When Probate Is Required

Probate may not be necessary if the decedent’s assets were held in a manner that does not require probate. Examples of this would be if the assets were co-owned with another person, if the assets were held in a trust, or if there was a transfer-on-death designation. When probate is required, it’s typically for the following:

• The deceased owned assets in their sole name.
• Estate assets exceed California’s small estate threshold.
• There is no Trust or other non-probate transfer method.
• Transfer of title requires court supervision.

If estate assets include real property or if the estate is above the small estate threshold, then formal probate will most likely be necessary.

Common Probate Issues

Probate does not always go smoothly, even with simple estates. Family disagreements, unexpected creditors, or ambiguous wills can cause complications. Probate contests typically involve challenges to the validity of a will or estate. Common probate disputes include:

• Will contests
• Heir or beneficiary disputes
• Undue influence
• Lack of capacity
• Executor fraud or misconduct
• Creditor claims

California law allows people with an interest in the estate to file a petition contesting ownership of property or its transfer. Petitions can relate to ownership of assets, validity of transfers, and proper interpretation of wills. Contested probate matters can turn emotional and require litigation.

Hire a Probate Lawyer

The decision to hire a probate lawyer stands out as one of your wisest choices during the probate process. When serving as executor or administrator of an estate, you are held to a high legal standard as a fiduciary; you can be personally liable for errors, delays, or improper distributions. Probate lawyers can help you file documents, advise you of your duties, process creditor claims, distribute assets, and represent you in court.

Especially if there are disagreements among family members or beneficiaries, hiring a lawyer can keep your probate case on track and make the probate process less stressful for everyone involved.

Talk to an Experienced Probate Attorney

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FAQs

Q: How Much Does a Probate Lawyer Cost in California?

A: Probate lawyers in California can charge what they choose based on the size of the estate involved, whether the probate is contested, and how many times you have to go to court. Some lawyers bill their fees under the statutory fee-setting guidelines.

Others bill outside attorneys’ fees for dispute resolution, creditor disputes, and extraordinary work outside of normal estate administration.

Q: What Kind of Lawyer Do I Need for Probate?

A: For probate, you need a probate attorney. Probate attorneys exclusively handle probate and estate administration matters. Probate requires navigating court procedures, fiduciary obligations, and detailed filings that are unique from other legal practices. When you choose a probate attorney, you can be confident your estate will be administered according to California probate law and avoid unnecessary delays, disputes, and personal liability.

Q: What’s the Difference Between a Probate Attorney and a Lawyer?

A: Probate attorney and probate lawyer are interchangeable terms. There is no legal distinction between the two. Both terms refer to a lawyer who is licensed to practice law and works in probate. Essentially, the difference is just a matter of word choice. The most important factors are experience handling probate cases, knowledge of the local court rules, and knowledge of California probate law.

Q: How Much Does a Probate Referee Cost in California?

A: A probate referee is an individual appointed by the court to value certain assets of an estate in probate. Rather than charging a flat fee for services rendered, a probate referee’s charges are based on the type and value of property being appraised. Probate referee fees are paid out of the estate and are classified as an administrative expense of the estate payable upon court approval.

Contact My Probate Lawyer Today

If you have probate needs, My Probate Lawyer can help you in the legal process. We understand probate law and can explain your rights and responsibilities to you. Contact us today for a consultation.