Torrance Probate Lawyer

Specialized Probate Attorney in Torrance, CA

Searching for a Torrance probate lawyer indicates that you may be in charge of administering someone’s estate. Probate matters can be confusing and require a lot of time dealing with the California courts. By now, you’ve also likely navigated grief, family complexities, probate mistakes, and maybe even financial stress. My Probate Lawyer assists Torrance families in moving through probate efficiently with organization and dedicated legal support.

About My Probate Lawyer

Serving Granada Hills and other neighborhoods in Los Angeles County, My Probate Lawyer is a probate-focused legal firm. We can focus entirely on estate administration and probate court hearings because our practice is solely focused on probate problems. Our goal is to assist customers in navigating probate with professionalism, clarity, and consideration for the associated obligations.

We are familiar with local courts, particularly the Stanley Mosk Courthouse located at 111 North Hill Street, Los Angeles, CA 90012. The Stanley Mosk courthouse handles probate petitions, hearings, estate inventories, and all final approvals for estate assets in Los Angeles County.

When Probate May Be Required

Probate in Torrance and elsewhere in California is typically required whenever someone passes away owning assets only in their name. Many assets can pass seamlessly to a new owner without probate, including jointly-owned real property and bank accounts or assets with named beneficiaries. Probate may be required if there is no beneficiary or trust designation.

California law does provide shortcuts for smaller estates or certain types of assets. If an estate qualifies under California Probate Code §13100, you may be able to take advantage of these shortcuts. Estates that don’t qualify for shortened procedures will most likely need to go through formal probate administration.

Probate filings resulted in 63,609 cases during the fiscal year 2023-2024. There were 19,046 filings in Los Angeles County. The county had 18,111 filings the year before.

Opening Probate

Opening probate involves filing paperwork with the court to start the estate administration process. The person filing, typically named in the will as the executor, asks the court to officially appoint them as personal representative.

If there is no will, the person filing will ask the court to appoint them as administrator. Under California legislation, both designated beneficiaries in a will and intestacy law heirs receive preferential appointment priority.

The court appointment gives the personal representative legal authority to act for the estate. With this authority comes fiduciary duties, which include following probate law and acting in the estate’s interest.

Managing Assets and Valuation

The personal representative must locate and secure estate assets. They must inventory probate assets and submit the inventory to the court along with property valuations. Certain assets, like real estate, are required to be valued by a court-appointed referee. Together, the inventory and appraisal are referred to as the probate estate.

These first few documents dictate how creditors are paid, impact taxes, and will be distributed according to the law. As such, it’s important that these documents are prepared correctly.

Financial Obligations

California probate laws require the personal representative to provide notice to known creditors and any creditors likely to have a claim against the estate. Known creditors are given a specific period to file their claim with the estate. The personal representative can then allow, disallow, or partially allow the creditor claims. Claims that are allowed, as well as estate expenses, must be paid prior to making distributions.

After passing away, someone may still have financial obligations, including taxes, credit cards, mortgages, or loans. By allowing a creditor claim, the personal representative accepts that the debt is valid and should be paid by the estate.

Hire a Probate Lawyer Today

One reason people hire a probate lawyer is to avoid mistakes. There are plenty of opportunities to make mistakes when administering a probate estate. Mistakes can cause delays and even result in the personal representative being personally liable for damages.

A good Torrance probate attorney can help ensure deadlines are met and advise you when to seek court guidance. My Probate Lawyer assists families in Torrance and throughout Los Angeles County with probate case administration.

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FAQs

Q: What Are Typical Attorney Fees for Probate?

A: Probate attorneys’ fees in California are usually based on percentages set out in the California statutes, depending on the value of the estate. This is for regular probate work and does not include extraordinary work like litigation, real estate problems, complicated creditor issues, etc., where the attorney will usually request additional compensation. Any attorney fees in a probate proceeding are subject to court approval.

Q: What Is the First Thing That Happens After a Will Has Been Probated?

A: When a will is admitted to probate, the court issues what is called letters testamentary, formally appointing the personal representative named in the will as executor of the estate. At this point, the personal representative has the authority to act on behalf of the estate.

Following their appointment by the court, the personal representative gains legal authority to access estate assets and perform duties like notifying creditors and beneficiaries while administering the estate according to the will under court supervision.

Q: What Happens When Two Siblings Own a Property and One Dies?

A: If two siblings own a property and one dies, the property automatically goes to the surviving sibling, provided it was owned with rights of survivorship. If they owned the property as tenants in common, the deceased sibling’s share will likely go through probate unless other arrangements were made.

Q: Can You Settle an Estate Without Probate in California?

A: Unless there is a will stating otherwise, property may go to the new owner without going through probate if it is placed in a living trust, owned jointly with rights of survivorship, or has a payable-on-death or transfer-on-death designation. Under California law, there are procedures available for small estates that may not require formal probate.

Contact My Probate Lawyer

At My Probate Lawyer, we can assist you in the legal process during probate proceedings. We understand that this process can be difficult, confusing, and time-consuming. We also understand that it can be an emotional process. We can help. Contact us today for a consultation.