Efficient Probate Law Attorney Representing Rancho Palos Verdes, San Pedro & South Bay Clients
Probate is the legal process through which a deceased person’s remaining assets are distributed with court involvement. This process is tedious and can become very complex. At Lane Law Group, Inc., we can serve as your probate attorney or assist clients named as executors of a loved one’s estate to complete the probate process.
The Probate Process
Each probate will go through the same basic process whether the decedent has a will or not. The steps include:
- Filing a petition with the appropriate probate court to appoint a personal representative of the decedent’s estate
- Serving notice to the heirs
- Marshalling and inventorying the decedent’s assets
- Appraising and selling the decedent’s assets, as needed
- Paying estate taxes, if necessary
- Distributing the assets to the heirs and beneficiaries
- Providing notice to creditors
Small California Estates & Surviving Spouses
If the total value of the personal property in the estate is $150,000 or less, probate may not be legally necessary in the state of California. Beneficiaries of assets may be able to file an affidavit with the court and collect their inheritance without the need of a full probate.
Additionally, a surviving spouse or domestic partner of the deceased may be able to avoid probate by filing a Spousal (or Domestic Partner) Property Petition with the court. They may be able to claim the decedent’s full estate assets in this way. There is no dollar amount cap on assets that can be transferred during this method.
Getting the Help You Need
If you need help with a California estate probate or want to plan your estate to avoid probate, the experienced legal team at Lane Law Group, Inc. is here to help. We are intimately acquainted with this legal process and will ensure that the estate in question is closed according to the wishes of the family and within the required parameters of the California judicial system.
