Probate in Los Angeles CA & Orange County
The law determines who gets your property and how much each individual gets. The court-ordered process of transferring a person’s assets and property after death is called probate. The probate court is in charge of distributing your estate according to your will’s directions. If a person dies without a will, each state has “intestate succession” rules that allow the transfer of property to family.
In short, probate is a legal process that occurs in court when someone passes away
- • Tracing the dead person’s assets/property
- • Gathering all assets and property
- • Having the property/assets assessed
- • Proving in court that a deceased person’s will (if any) is legitimate, as determined by the court. Taking care of the deceased person’s financial obligations, as determined by the court (debt, taxes, etc.)
- • Distributing and transferring the remaining assets/property of the deceased individual to the heirs or beneficiaries according to the ‘Will’ (or state law, if there’s no will
What you may have desired will not be considered by the court. If you don’t have any relatives, your property may be taken and seized by the government. If you do not leave a will, the court will have no idea what you intend and will have to distribute your possessions according to the law’s dictates.
Los Angeles CA & Orange County
In most states, lawyers charge by the hour or collect a flat fee for probate work. Not so in California. It’s one of only a few states that let lawyers charge a “statutory fee”—an amount that is a percentage of the value of the assets that go through probate. The percentages are set out in state statutes. (Cal. Probate Code §§ 10810, 10811.)
Here are the current rates:
- 4% of the first $100,000 of the gross value of the probate estate
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- .5% of the next $15 million
Affidavits for Properties
Under the following situations, the Affidavits for Properties form can be used to recover the personal property assets of a deceased person:
- • The decedent’s estate should be worth less than $150,000 (including real and personal property).
- • Before you, no one has earlier applied to the court in California or any other state to be the decedent’s personal representative.
- • An inventory and valuation have been conducted and signed by an appointed Probate Referee if the decedent possessed real property as a person
- • The person(s) making the affidavit/declaration are the only ones who have a right to collect the property; no one else has a claim to it
- • Since the decedent’s death, at least 40 days have passed (or will pass).
- • The deceased was a California resident.
Personal property affidavits can include insurance policy proceeds, bank accounts, mutual funds, mobile homes (if not permanently affixed to land), and rented storage units.
Inventory And Appraisal
An inventory and appraisal is a detailed description of the decedent’s, minor’s, or conservatee’s assets at a specific date. For example, a deceased individual’s assets are documented at the date of death. All assets, including non-cash assets like real estate and automobiles, are assessed by a California-approved probate referee, which the court-appointed earlier. A copy of the most recently registered quitclaim or grant deed indicating the entire legal description of the property will be necessary to complete the documentation if real property is involved.
Our inventory and appraisal package includes;
- • Appraisal and Inventory
- • Notice of Inventory and Appraisal filing and how to object to Inventory or Property Appraised Value/Proof of Service when required
Probate With & Without Will
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Probate with and without a will can be used to transfer title to any real or personal property.
- • The Probate with Will Package is for estates where the deceased died with a will, and there is a willing executor specified in the ‘will.’
- • The Probate with Will Package is for use with the decedent’s estates if the decedent died with a will and a willing executor is indicated in the ‘will.
Letters Of Administration With Will Annexed
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Administrating letters are needed to settle the estate of a deceased person. This is a crucial step that must be completed before the first hearing. The notice of administration must be published in the Legal Notice section of the local newspaper where even the decedent died; The Petitioner is responsible for ensuring that the petition is published in the correct newspaper and in a timely way.