Southern California PROBATE ATTORNEY

Probate Attorneys Orange CA

The probate process can be difficult. Our attorneys can help make it easier.

Navigating the probate process requires a deep knowledge of probate law. We’ll be there for you, and be with you every step of the way.

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Probate Plan

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Just hearing the words “probate process” can make a person shudder. The thought of long draw out court battles and family fights often come to mind. Although the process does typically take about a year or so to conclude, there are many tools available to a person who is setting up their estate plan to help avoid those battles and ensure the probate of their estate is a smooth one. A Southern California probate attorney knows what those tools are, and which ones would be beneficial to your situation.

California Probate Process

The purpose of the probate process is to make sure that all of a decedent’s assets and property are accounted for, all their debts and tax obligations are paid for, and whatever assets are left over are distributed according to the wishes of the decedent, according to state law. When a person draws up a will, they name an executor. That executor is the person who is in charge of making sure all of these things happen, with the supervision of the court.

The first thing an executor does is to submit the decedent’s will to the probate court in the county where the decedent lived. A Southern California probate attorney can help with this process. The court will issue documentation that authorizes the executor to act on behalf of the estate. The executor also makes sure that all family, heirs, and creditors are notified of the decedent’s death.

The next step for the executor is to locate all of the assets, property, and debts of the estate. The executor must then determine the value of the property – often using professional appraisers when necessary, and also determine the total amount of debts the decedent had.

The executor is responsible for paying all of the debts of the estate and all taxes owed by the estate, using estate assets. Not only does the executor need to make sure that all inheritance and estate taxes are paid, but they must also file final income tax returns.

Once all taxes and debts have been paid, the balance of the estate is then distributed to heirs according to the instructions left by the decedent. However, there is usually a waiting period before this can be done. The law allows a certain period of time – the probate period – for any other creditors to come forward or for any other people to come forward to contest the will.

The court will decide when and if any of these claims are valid and will also decide when probate is complete, and the assets can be distributed.

To learn more about the probate process and estate planning in general, contact Holborn Law to meet with a Southern California probate attorney.

What is Probate and Do I need it?

Probate is the process of settling debts and transferring property of a deceased person who did not have a living trust set up. If an individual dies without a living trust and owned assets greater than a certain amount, probate is necessary. Working with an attorney takes away any guesswork, potential for errors, and makes the whole process much faster.

Holborn Law Can Assist You with your probate case

  • Excellent Communication – we’ll keep you updated with progress on your probate case
  • Knowledgeable Experts – we’ve been through the probate process before
  • Little or No Time Spent in Court – for most cases, we’ll go to court for you and you won’t need to step foot in a court house
  • Care and Empathy – we’ll take care of your need so you can focus on what matters most
  1. File a petition with the court and give notice to heirs and beneficiaries.
  2. Court appoints an executor or administrator.
  3. Give notice to creditors.
  4. Take inventory of estate property
  5. Final bills and creditors are verified and paid.
  6. Remaining assets are transferred to beneficiaries.

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
.5% of the next $15,000,000.

For estates larger than $25,000,000, the court determines the fee for the amount over $25,000,000.

In addition to these fees, you can expect several thousand dollars worth of various other fees to the court, required newspaper publications, and appraisers.

Schedule Free Consultation

We get it; Probate seems difficult and time-consuming

We can help accelerate the probate process, reduce fees paid to creditors, and and make the entire experience less stressful.

We’ve helped others just like you, and we’re ready to help make the burden of probate easier on you.

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Holborn Law

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Holborn Law Probate Services

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