FAQs

Generally, yes. A revocable living trust can be changed at any time by the creator of the trust. These changes can lawfully be made as long as the creator has capacity and was not pressured by undue influence to change the living trust. Once the creator of the living trust passes away or is incapacitated, the living trust becomes irrevocable and can only be changed in certain circumstances.

It depends on at least two key factors. First, how the property was titled. Remember, for probate we are primarily concerned about assets titled in the Decedent’s name. If the asset was title in the Decedent’s name at the time of her death, then you might have to go to probate court. Second, if the total value of the Decedent’s estate was over $150,000. This is the threshold amount for probate court. For estates under this amount, there are other simpler methods available since they are not eligible for probate. For estates of $150,000 or more, a probate would be necessary.

Small Estates are estates whose total gross value is under $150,000. For estates of this size, a small estates affidavit can be used to transfer title to the property. A Small Estates affidavit is authorized pursuant to Prob. Code § 13100 et. seq. In order to use a Small Estates affidavit, the signatory must declare 1) that he or she is successor of the decedent’s estate as defined by Prob. Code § 13006, 2) 40 days has elapsed since the decedent’s passing, 3) no other person has a superior right to the decedent’s property, 4) no probate has been opened, and 5) the current gross fair market value of decedent’s real and personal property (excluding the property described in Prob. Code § 13050.) is less than $150,000. All of the above must be declared under penalty of perjury and subject the declarant to liability if any of the above is not true.

According to the California Courts, the judges that supervise the California Superior Court system, probate of a will or decedent’s estate can take 9 moths to a 1½ years or longer. Typical, probate takes longer when the beneficiaries are not on the same page or the personal representative’s paper does not conform to the requirements of law. Therefore, experienced counsel is vital to promptly recover funds and close the probate.

It depends on at least two key factors. First, how the property was titled. Remember, for probate we are primarily concerned about assets titled in the Decedent’s name. If the asset was title in the Decedent’s name at the time of her death, then you might have to go to probate court. Second, if the total value of the Decedent’s estate was over $150,000. This is the threshold amount for probate court. For estates under this amount, there are other simpler methods available since they are not eligible for probate. For estates of $150,000 or more, a probate would be necessary.

Small Estates are estates whose total gross value is under $150,000. For estates of this size, a small estates affidavit can be used to transfer title to the property. A Small Estates affidavit is authorized pursuant to Prob. Code § 13100 et. seq. In order to use a Small Estates affidavit, the signatory must declare 1) that he or she is successor of the decedent’s estate as defined by Prob. Code § 13006, 2) 40 days has elapsed since the decedent’s passing, 3) no other person has a superior right to the decedent’s property, 4) no probate has been opened, and 5) the current gross fair market value of decedent’s real and personal property (excluding the property described in Prob. Code § 13050.) is less than $150,000. All of the above must be declared under penalty of perjury and subject the declarant to liability if any of the above is not true.

Attorney’s fees are set by statute and as such, attorneys in California have no control over how much we can charge to represent the decedent’s personal representative. The attorney’s fee schedule is set in Prob. Code §§10810 et. seq. and California attorney’s have no ability to charge more than this amount.

The personal representative’s fees are set by statute and as such, personal representatives in California have no control over how much they can charge to administer the decedent’s estate. The personal representative’s fee schedule is set in Prob. Code §§10810 et. seq. and personal representatives have no ability to charge more than this amount.

Generally, no. A retainer in the sense of legal fees is not allowed because all attorney’s fees must be approved by the probate court. Additionally, no beneficiaries, personal representatives or attorney can be paid until there is a signed order from the probate court. As such, a California attorney has no ability to charge a retainer fee for his legal fees. However, an attorney can charge a retainer fee for the court costs of probate. However, this amount is reimbursable from the estate proceeds as these costs were incurred for the benefit of the estate.

The person (usually the spouse, domestic partner, or close relative) that the court appoints to manage the estate of person who dies without a Will. The administrator is also called the personal representative of the estate.

A person who inherits when there is a Will.

The person who died.

All real and personal property that a person owned at the time of death.

A person named in a Will and appointed by the court to carry out the dead person’s wishes. The executor is also called the personal representative of the estate.

A person who inherits when there is no Will.

A Will that is handwritten, dated and signed by the person writing the Will.

When someone dies without leaving a Will.

The order of who inherits property when someone dies without a Will.

A trust set up during the life of a person to distribute money or property to another person or organization.

Things like cash, stocks, jewelry, clothing, furniture, or cars.

The administrator or executor that the court appoints to manage the estate.

The court process for distributing a dead person’s assets, paying debts owed by the dead person, and settling the financial affairs of people when they die.

Buildings and land.

Anyone who has the legal right to receive property of a person who dies, either under the Will or the Probate Code.

When someone dies leaving a Will.

An arrangement where property is given to someone to be held for the benefit of another person.

A legal paper that lists a person’s wishes about what will happen to his or her property after death.

Probate is defined as “the official proving of a Will” or to “establish the validity of a Will.” However, Probate generally refers to a special department of the court system responsible for the administration of Decedents’ Estate, Guardianships, and Conservatorships.

The Probate process works through three key components. The first component concerns the appointment of the Personal Representative, the second component concerns the administration of the Decedent’s Estate, and the third component concerns the closing the Decedent’s Estate and transferring the assets to the Heirs or Beneficiaries.

The Probate process usually takes between nine (9) months to a year and a half (1½) to complete. However, our firm focuses on expediating this timetable, sometimes even cutting this timetable in half.

The attorney’s fees are set by statute and are determined by the gross value of the Decedent’s Estate. Please see our Probate Fee Calculator.

Please see No. 3.

Probate ends after the request for discharge is filed with the Court. Only after the court grants the request is the Personal Representative discharged from their duties.

Property is distributed when there is no Will pursuant to the laws of Intestate Succession. Unfortunately, this may result in a Decedent’s Estate passing to people who the Decedent was not close with, or whom the Decedent did not want to receive any of his or her assets.

A Probate hearing can range from hearing to approve or deny the appointment of the Personal Representative, status updates, accountings, distribution, motions, and various other types of hearings. Basically, the Probate Court can hold any hearing necessary to the proper administration of a Decedent’s Estate.

Yes, Probate can be avoided with a Living Trust. A Will does not avoid Probate, however. Probate can also be avoided with assets containing beneficiary designations such a life insurance, 401k, or pensions, annuities, other accounts that contain beneficiary designations.

No, Probate cannot be done quickly. Even the quickest Probate Will take a minimum of approximately nine (9) months to complete.

Probate is needed or required when the Decedent dies with assets titled in the Decedent’s name. These assets cannot be controlled absent a court order. The primary assets that fall into this category are real property, businesses, vehicles, bank accounts, boats, to name a few.

Probate is not needed or required if the Decedent died with a Living Trust and the assets were titled in the Trust. Probate is also not required for any assets that contain beneficiary designations. Finally, Probate is not required for assets totaling less than $166,250.00 dollars. However this does not included real property.

A Will must be administered through Probate Court as a matter of law. There is no other option.

Yes, Probate cannot be changed under certain circumstances. Heirs or Beneficiaries can agree to transfer, assign, waive or disclaim their interest in a Decedent’s Estate. Additionally, in rare circumstances, the Probate Court can reform or alter a Will. However, this is not very common.

Any Heir or Beneficiary can contest the appointment of the Personal Representative for the Decedent’s Estate. If someone objects to the appointment of the Personal Representative, it becomes a contested matter. This means it now a legal dispute that is litigated and decided by a trial in the Probate Court. It is highly recommended to resolve these disputes amongst the interested parties as trials conservatively costs $100,000 – $150,000 in attorney fees alone. Please feel free to contact our firm as we are experienced in resolving these disputes.

Probate can be stopped easily before a Personal Representative is appointed by merely dismissing the petition. However, after the appointment of a Personal Representative, you must move the court to terminate the Probate and provide an adequate basis for such a request. This is a much more arduous and costly process.

Yes. The Probate departments of Los Angeles, Torrance, Riverside, San Bernardino and San Diego are all open duringthe pandemic. However, each Court has separate rules as to whether the public are allowed entry into the courthouse during the pandemic. Please make sure to checks the court’s website for more information.

Intestate Succession concerns the administration of a Decedent’s Estate who dies Intestate. Probate concerning the administration of a Decedent’s Estate who left a last Will. There are also conservatorships, guardianships, and mental health issues heard in Probate Courts.

A Decedent’s Estate is transferred at death via administration through Probate Court. The assets Will be transferred at the end of the process by order of the Probate Court.

If a Decedent dies without a Will the Decedent’s Estate will be administered through Probate Court pursuant to laws of Intestate Succession. Unfortunately, this might result in a Decedent’s Estate passing to persons who you were not close with the Decedent, or whom the Decedent did not want to receive their assets.

Probate is handled in the county where the Decedent resided.

Yes. However, administering a Decedent’s Estate through Probate is an extremely difficult task for those who have never done it before. It is recommended to hire our firm to expediate this process.

The Personal Representative is responsible for handling the Probate process.

Please see No. 15.

There are two types of wills: witnessed and holographic. A witnessed Will must be in writing, signed by the Decedent and witnesses by two independent persons. A holographic Will is a Will that does not comply with the requirements of a witnessed Will, if the signature and the material provisions are in the handwriting of the Decedent.