Navigating the Probate Process throughout Los Angeles, Ventura, Orange County, and the Rest of Southern California
Probate is the legal process of transferring a deceased's assets to his or her heirs or designated beneficiaries.
If there is a Will (dying "testate"), a person is named as the executor of the estate, and that person must have the court establish the validity of the Will before legally acting as the executor of the estate.
If there is no Will (dying "intestate") and a person wishes to be the administrator of the estate, he or she must file a petition for appointment as administrator and have that petition granted before taking any action regarding the estate.
Anyone taking action as to the estate or its assets before official appointment by the court may be personally liable for those actions and may cause themselves to be disqualified from consideration for appointment.
The responsibilities of the administrator of an intestate estate (no written Will involved) or executor of a testate estate (written Will involved) include:
- Collecting and identifying the deceased person's property
- Paying the estate’s debts and taxes
- Identifying the rightful heirs or named beneficiaries
- Distributing the assets to the heirs or beneficiaries.
The administrator or executor does most of the work, with help from their attorney; and the entire process is overseen by the local court in which the probate case is filed. The Probate process involves compliance with California's Probate Code, the Local Rules for the Superior Court in which the case is filed, and potentially various tax codes and regulations. Therefore, finding an experienced California Probate attorney to help you through the Probate process is highly recommended.
Worried about your Probate Issues?
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There are two components to the probate process:
Our attorneys have over 35 years of combined legal experience handling probate administration cases and complex litigation matters in and out of the probate arena. At MNB, our attorneys have the requisite experience and knowledge of the Probate process, coupled with a genuine desire to help people especially when they need help the most, to help guide you through what can be an emotionally, financially, and personally difficult time.
Probate can take anywhere from six months (when there is a Will) to two years (typically no Will and challenges to administrator appointment and distribution of assets). These delays can be a problem for the family that needs to access the assets to survive. However, if the are special circumstances, the Probate Court can allow for preliminary distributions, a family allowance, or a loan against estate assets (such as a house). MNB's attorneys know how to get you into court and get your family the support it needs if the probate process becomes too financially burdensome.
Schedule a consultation online or call (818) 344-9200 -
Our Probate Attorneys Can Help You With Your Probate Matter.
Contact MNB Law Group today to discuss your Probate needs and their solutions. We are available online or by calling 818-344-9200. We represent clients throughout Los Angeles County, including the areas of Woodland Hills, Sherman Oaks, Encino, Los Angeles, Tarzana, Studio City, Calabasas, Canoga Park, Northridge, Agoura Hills, Westlake Village, Winnetka, Ventura County, Granada Hills, Lake Balboa, Burbank, Valley Village, North Hollywood, Van Nuys, Universal City, Toluca Lake, and Chatsworth and in Ventura, Orange County, Riverside, San Bernardino, Santa Barbara, San Luis Obispo, and throughout California.