California Probate & Estate Administration Lawyer
What Is Probate? How Long Does it Take?
Probate is a court-supervised process of distributing property as directed in a will or under the law of intestacy if no will exist. Since there is court supervision of the entire process, the heirs/beneficiaries can be assured of a full and fair valuation and distribution of the estate. Probate is necessary whenever (1) a deceased person leaves property and assets worth over $166,000 in their name or (2) to move real estate out of the name of the deceased to their loved ones.
Probate is the only way to transfer real property from the deceased person to the heirs if no trust was set up before the decedent’s death. Call NOW for a FREE consultation directly with a California probate & estate administration lawyer.
California Probate and Estate Services
We take pride in our strong and active practice in the areas of probate and trust administration. With The Probate Guy’s 30+ years’ experience, we understand the intricacies of California probate law and are involved in all aspects of estate, probate and trust administration.
Our concern for the wishes of decedents, together with our sensitivity to the needs of heirs and beneficiaries, is the cornerstone of our probate practice. We regularly handle California Probate cases all over California and work with out-of-state personal representatives, beneficiaries, and relatives to settle California estates.
In short, we can represent and navigate you through the California Probate procedure to move property from the deceased family member to the heirs. The following is a list of areas we can help:
- Formal probate administration
- Sale of Real Estate
- Representation of Personal Representatives
- Asset distribution
- Beneficiary rights under a will or trust
- Estate administration and litigation
- Summary probate administration
- Trust administration and litigation
- Representation of heirs and creditors
- Representing trustees in the administration of revocable and irrevocable trusts
- Negotiating Creditors’ Claims, thereby preserving the estate for the beneficiaries
Call Me Now for Free Probate Legal Advice: 714-522-8880
California Probate Administration
If A Will Exists: The executor of a Last Will and Testament, also called the personal representative, is responsible for the administration of the decedent’s probate estate or financial affairs. That process includes collecting the decedent’s assets, paying or negotiating any debts or taxes owed, filing the decedent’s final tax returns and inventory, distributing the remaining assets in accordance with the provisions of the Will, and notifying companies that need to know about the death. Throughout this entire procedure, The Probate Guy will prepare all the necessary documents, make the necessary court appearances, and provide access to the professionals necessary to achieve an efficient and successful probate proceeding. In most cases, there are no out of pocket or upfront costs to my clients.
If No Will Exists: If no Will exists or if it cannot be located, then I will have you appointed as the personal representative who is responsible for the administration of the decedent’s probate estate or financial affairs. That process includes collecting the decedent’s assets, paying or negotiating any debts or taxes owed, and notifying companies that need to know about the death. Throughout this entire procedure, The Probate Guy will prepare all the necessary documents, make the necessary court appearances, and provide access to the professionals necessary to achieve an efficient and successful probate proceeding. In most cases, there are no out of pocket or upfront costs to my clients.
If A Trust Exists: If the decedent created a Trust, then the trustee is responsible for implementing the terms of the trust and filing a Notice of Trust with the beneficiaries. Once again, throughout this entire procedure, The Probate Guy will prepare all the necessary documents, make the necessary appearances, handle all beneficiary and creditors calls, as well as provide access to the professionals necessary to achieve an efficient and successful procession of assets.
Formal Administration: Required for estates involving more than $150,000.00 of assets on a home. It is a court-supervised proceeding where a Will is admitted, a personal representative is appointed, Notice of Administration is sent to interested persons (surviving spouse, beneficiaries, etc.), and a Notice to Creditors is published to identify unknown creditors and sent to all known creditors. After the expiration of one hundred twenty days, creditors who fail to file a Statement of Claim lose their right to collect on the decedent’s debt. Assets are collected, debts and taxes are negotiated and paid, and after the distribution of estate assets is made, the estate is closed and the personal representative is relieved of all duties and liabilities to the Estate. Once again, in most of these cases, there are no out of pocket or upfront costs to my clients.
All of a decedent’s assets together make up the decedent’s estate. For estate tax reporting purposes, the IRS defines estate as the total collection of a decedent’s assets whether or not they pass through probate.
If a death occurs, The Probate Guy will assist the personal representative, family and beneficiaries with compassion and sensitivity. I am involved in all aspects of estate and trust administration. I represent individual clients and corporate fiduciaries in the probate process, which typically includes admitting the Will, qualifying the fiduciaries, tax planning and preparing inventories and accountings, collecting assets, selling the real estate, notifying creditors and the negotiation and subsequent payment of debts. I will also make sure that the appropriate tax returns are filed, that taxes are promptly paid and finally, that the balance of the estate assets is distributed to all beneficiaries with care and understanding.
California Probate Law
As a California probate attorney, The Probate Guy, Robert L. Cohen, is available to help with all probate and estate matters. Please feel free to contact me and let us know how I can assist you. Please call 714-522-8880, or you can complete the online inquiry form, and I will promptly contact you.
The Probate Guy Process is designed to create “Worry-Free Probate Case Management” for you and all parties involved. I only focus on probates, wills and trusts in Southern California, including but not limited to Anaheim, Buena Park, Cerritos, Compton, Downey, Fullerton, Gardena, La Mirada, Orange, Riverside, San Bernardino and San Diego. There are NO OUT-OF-POCKET EXPENSES to you; I advance all up-front probate fees and costs. I also take care of all the hearings, so you do not have to go to Court. So, call me NOW for a FREE consultation.
Call Me Today for Free Probate Legal Advice: 714-522-8880