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Los Angeles Probate Attorney

Navigating Complex Probate Cases in California

Probate is a legal process for reviewing a deceased person's estate and determining inheritors. It involves validating the will (if present), identifying and distributing assets, paying off debts, and ensuring a smooth transfer of property to heirs or beneficiaries.

It is always advisable to hire an experienced Los Angeles probate attorney to handle probate matters because the applicable estate planning laws in California are numerous and often complex.

The Law Office of Mitchell A. Port can work with you to navigate the California probate process smoothly, allowing you to reap its benefits — such as the elimination of creditors’ claims against the property of the deceased person (the decedent) and the guarantee that the property will pass to the rightful heirs (the beneficiaries) — while avoiding potentially significant and costly errors. Our California estate planning lawyers can help you navigate probate court in Los Angeles.

Discuss your case with our Los Angeles probate lawyer today by calling (310) 526-3433 or contacting us online.

What Is California Probate Law?

When someone who owns property in California dies, a Los Angeles probate court may need to oversee the transfer of property ownership from the decedent’s estate to the heirs, regardless of whether or not the individual has a will

This oversight process is called probate.

When Does Probate Happen In California?

Probate typically occurs when the decedent owns real estate and personal property (like stocks, bonds, bank accounts) in California valued at more than $166,250. To the extent possible, probate should be avoided. 

Although there are many different techniques that exist under California probate law that can allow someone to avoid probate, there will be cases when probate cannot be avoided and the process must be started in order to transfer ownership of the decedent’s property to the rightful heirs. 

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How Does Probate Work in California? 

How Long Does Probate Take in California? 

In the state of CA, an estate’s probate process can be completed in at least nine months. The length of time is determined by the complexity of the case.

On average, it will usually take a year to a year and a half to finish. The estate planning is required to go through the probate process if the owner of the estate did not have a will when they passed away.

If the total value of their assets is under $166,250 and there is a valid will, the estate can avoid probate. If you are having a hard time figuring out if your estate will have to go through the probate process, do not hesitate to reach out to a Los Angeles probate lawyer at the Law Office of Mitchell A. Port.

Our experienced Los Angeles probate attorneys are here to help guide you through the process and figure out what works for your estate. Call us today for a consultation!

What Assets are Subject to Probate in California?

Some estate assets in CA are subject to the probate process. Any probate estate or personal properties that were owned individually by the deceased are included.

Probate assets in California also include the following:

  • Homes
  • Vacation Homes
  • Cars
  • Boats
  • Jewelry
  • Art
  • Collections
  • Furniture
  • Household Goods
  • Checking Accounts
  • Savings Accounts
  • Stocks
  • Business Interests

If you are wondering if your loved one’s assets need to be included in the probate process, the Los Angeles probate attorney at the Law Office of Mitchell A. Port is here to help guide you through the process and discuss your options. Give us a call today to schedule a consultation.

How Can Probate Be Avoided in CA?

If you want to avoid probate in California, there are a few options available to you. These options include:

  • A Living Trust
  • Joint Ownership
  • Payable-on-Death Designation
  • Transfer-on-Death Registration

An experienced LA estate planning attorney can help walk you through your options for keeping your assets out of probate. 

What Is a Living Trust?

You can create a living trust in California to avoid the probate process on any asset you own, whether that be:

  • A bank account
  • Vehicle
  • Or real estate

Once you create a trust document, you will have to name someone as the successor trustee who will oversee your belongings after your passing.

One step you must complete is transferring ownership of your property to yourself as the trustee of the trust. This will allow the successor trustee to be able to transfer your assets to your beneficiaries upon your passing and avoid the probate process. It is a good idea to reach out to a probate attorney for help with this step.

What Is Joint Ownership?

You can own and operate property with another individual through joint ownership. “Right of Survivorship” on the joint ownership allows a person to take full ownership of the property in the event the other owner passes.

Probate estate can be avoided when transferring the property, but it will take some documented proof to show the title of your property is owned by the surviving owner.

There are two types of joint ownership available in CA:

Joint tenancy: No probate is needed in joint tenancy as property will automatically transfer to surviving owners when one owner passes. This type of joint ownership works well for couples who acquire vehicles, real estate or other valuable property, and bank accounts. In California, each owner is referred to as a joint tenant and must own an equal share.

Communal property with right of survivorship: Unless couples take certain steps to keep assets or property separate from each other, California law has all property owned jointly in a marriage because it is a community property state.

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    "I appreciate you!"

    Thank you so much Mitch. I appreciate you!

    - Tami
    "If you live on one coast and have a complex legal case on the other, you want a lawyer that not only has the knowledge and expertise to handle your case, but can make it as convenient as possible. I found that with Mitchell Port."

    If you live on one coast and have a complex legal case on the other, you want a lawyer that not only has the knowledge and expertise to handle your case, but can make it as convenient as possible. I found that with Mitchell Port. When my husband interviewed a few lawyers by phone, it was Mitch who put him at ease immediately. We had an appointment with him the next day, and from that point, everything was taken care of professionally and expediently. Mitchell explained every part of the probate process with us, and made sure that each step was done correctly and on time. Whenever I had a question, I got a response within a few hours if not minutes. Should I ever be in need of legal help that Mitch can help me with, I would be very happy to have him represent me again.

    - Michelle F.
    "My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!"
    My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!
    - Cathy W
    "Mitch is compassionate, extremely knowledgeable and professional"

    Mitch is compassionate, extremely knowledgeable and professional

    - Lynne
    "Mitchell met my highest expectations."
    Mitchell met my highest expectations.
    - LaTrisha M
    "Mitch was awesome throughout this entire process and made this a stressless process."
    Mitch was awesome throughout this entire process and made this a stressless process.
    - M. C.
    "Probate cases can be difficult but attorney Mitchell Port makes them easier to understand."
    Probate cases can be difficult but attorney Mitchell Port makes them easier to understand.
    - Glendene W.
    "Mitch is extremely knowledgeable about probate matters."
    Mitch is extremely knowledgeable about probate matters.
    - Breena B.
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