Many people are unfamiliar with the term “probate” until they lose a loved one and discover that managing their final affairs and distributing the estate requires more work than expected – even with a will in place. As an LA County probate attorney, I’d like to demystify this process for local families.
What is Probate?
Probate is the legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries, and any remaining debts are paid. In LA County, this process is overseen by our local probate court to ensure everything is handled according to both state law and the deceased person’s wishes.
When is Probate Required in LA County?
Probate is typically necessary when:
- Someone dies with assets solely in their name
- There are assets without designated beneficiaries
- The deceased person owned real estate in their name alone
- There are debts that need to be settled
The Basic Probate Process
Here’s what you can expect during probate in LA County:
1. Filing the Petition: The process begins with filing a petition in LA County probate court, usually by the executor named in the will or a family member.
2. Inventory of Assets: All assets must be identified, collected, and appraised.
3. Paying Debts: Outstanding debts and taxes must be paid from the estate.
4. Distribution: Remaining assets are distributed according to the will or state law if there is no will.
Common Misconceptions
“Having a Will Means No Probate”
This is one of the biggest misconceptions we encounter. While a will makes probate smoother, it doesn’t avoid it. A will simply provides instructions for the probate court to follow.
“Probate Takes Years”
While some complex estates can take longer, most LA County probate cases are completed within 6-12 months when handled properly.
Ways to Avoid or Simplify Probate
There are several strategies to minimize probate involvement:
- Creating a living trust
- Utilizing beneficiary designations when possible
- Holding property in joint tenancy (which has its own risks and disadvantages)
- Taking advantage of LA County’s small estate procedures when applicable
When to Seek Help
Consider consulting an LA County probate attorney if:
- You’re named as an executor and unsure of your duties
- The estate includes unusual assets
- There are potential family conflicts
- You’re dealing with a complex will or trust
- There are significant debts or tax issues
Moving Forward
Understanding probate doesn’t have to be overwhelming. As your LA County probate law firm, we’re here to guide you through each step of the process, ensuring everything is handled efficiently and according to local laws.
If you’re dealing with probate or want to learn how to minimize its impact on your loved ones, contact our office at 310-782-6322. We’ll help you understand your options and create a plan that works for your family’s specific situation.