West Hollywood, CA Probate Lawyer

Did you recently lose a loved one? If so, we’re so sorry for your loss. Though you should be focusing your time and energy on recovering with your family, you may be forced to manage complicated legal procedures while you wrap up your loved one’s estate. Our compassionate West Hollywood probate lawyer is here to assist you. 

With over 40 years of experience, he and his team can guide you through the probate process effectively and handle many of the obligations required on your behalf, putting you in the best possible position for reaching a successful resolution while saving time and money. You don’t have to go through this alone. Contact The Hayes Law Firm today to book your free consultation to learn more about your options.

California Probate At A Glance

Probate is the process of distributing a deceased person’s property after they pass. It is supervised by the court and each state has their own policies and procedures. However, it isn’t always necessary, as some assets – such as those held in trusts or those owned in joint tenancy – do not have to be probated. It’s important to have our West Hollywood probate lawyer confirm that your loved one’s estate must go through probate before beginning the process. 

Once the probate process is initiated by filing a petition to open the case, it follows this general order:

1. Notice given to all beneficiaries and heirs that the estate is in probate
2. The assets that are subject to probate are collected, inventoried, and appraised, then presented to the court
3. Any outstanding bills and debt are taken care of
4. The remaining property is distributed to their proper heirs
5. The estate is closed after proper receipts and records are submitted to the court

While this may sound simple from the outset, each of these tasks may require their own individual steps, which is why probate can last so long and cost so much. Any missteps along the way could jeopardize the progress of your case and further delay the end of probate, which is why it is important to secure legal aid. 

Understanding The Role Of Executor Or Administrator

If your loved one passed with a will, they should have already named their executor – the person in charge of probating the estate. If they did not have a will, the court will appoint someone as administrator to fulfill the same duties. This is no small undertaking; the executor (or administrator) is responsible for:

• Giving legal notice to creditors, beneficiaries, and the public
• Collecting, protecting, and inventorying assets
• Having assets appraised
• Settling debts with creditors
• Filing final tax returns
• Paying taxes (including the inheritance tax)
• Preparing a financial accounting
• Distributing assets to beneficiaries
• Closing the estate 
• And more.

For someone in mourning, who also has their own family and daily obligations to tend to, probate is a lot of work, time, and effort. As already stated, any errors – no matter how inadvertent – could cause major delays and cost the estate to correct. Additionally, there is always a chance that other complications, like lawsuits or will challenges, could arise. 

Working with our experienced West Hollywood probate lawyer gives you peace of mind that everything is being handled correctly and in an efficient fashion, and that your loved ones wishes are being honored. 

Still Have Questions? We’d Love To Answer Them. Contact Our West Hollywood Probate Lawyer Today And Book A Free Consultation

It’s important for you to understand that probate is not some sort of legal punishment for anything your loved one did wrong. They likely just did not realize how important an estate plan is, or they may have simply ran out of time to put one together. It is still possible to honor their wishes and achieve a speedy resolution. Call today to book your free consultation and learn more about how our West Hollywood probate lawyer can serve you. 

Frequently Asked Questions About Probate In West Hollywood

How long does probate take?

Probate generally takes between 12-18 months to be fully resolved, depending on the complexity of the estate. 

What assets are exempt from probate?

Assets exempt from probate in California include:

• Assets owned in joint tenancy with another person
• Survivorship community property owned with the decedent’s spouse
• Life insurance funds
• Assets in a living trust
• Accounts for which a payable-on-death (POD) beneficiary has been named

How much does probate cost?

Court-related probate expenses will differ depending on the county and the value of the estate; however you can expect to pay the following fees:

• Filing fees (anywhere between $435-$650)
• Executor fees (a percentage of the estate’s value that is paid to the executor for their time contribution)
• Appraisal fees (typically 0.1% of the estate’s value)
• Bond fees (anywhere between $500-$2,000)
• Publication fees (anywhere between $200-$1,000)
• Miscellaneous (anywhere between $100-$500)

Altogether, one may spend anywhere between $1,500-$5,000 on court related expenses. Our lawyer can help you keep the process as efficient as possible!