Long Beach Probate Attorney
Probate is a legal process that transfers a person’s estate to a decedent’s heirs and is usually contingent upon a written will. The probate court oversees the process. Generally, the estate is administered by the executor or administrator with the assistance of Long Beach wills lawyers. The Law Office of Cynthia R. Pollock provides legal assistance to clients in probate matters in Long Beach, CA and throughout Los Angeles County.
Navigating probate
When the decedent has a will naming an executor, a court hearing establishes the validity of the will so the executor can legally act on behalf of the estate. When there is no will, the court appoints or confirms an administrator to manage the estate.
In some cases, the estate contains certain property that is not subject to probate, such as:
Depending on circumstances, the property of an estate may qualify for a summary probate, which is a less complicated procedure—for instance, if the entire estate goes to a surviving spouse. Further, if the estate is worth $100,000 or less, there may be simpler and less time consuming proceedings for distribution.
However, even if you are able to avoid full probate, it does not mean the estate can avoid any owed debts or applicable taxes. Regardless of the approach or procedure used, consulting with experienced probate attorneys in Long Beach before taking any definitive steps is advised.
When there is no will
When a person dies intestate (no will) the heirs are determined by California intestate laws which specify distribution based on the person’s relationship to the deceased—such as a surviving spouse and/or children. Generally probate is still required unless the estate assets are not subject to probate or a summary procedure is available. However, when a formal probate is required due to the size of the estate, the court appoints an administrator to handle the probate proceeding. Typically, the probate court appoints the deceased’s closest surviving relative to act as administrator.
Long Beach probate attorneys can help
Navigating probate and its attendant procedures can be difficult and confusing. Experienced wills lawyers in Long Beach can explain your options and simplify the process. Contact the Law Office of Cynthia R. Pollock online or call 877-849-8916 today to schedule a consultation.