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Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

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Home » California Probate Laws

California Probate Laws

The California probate laws govern the manner in which an estate is administered after the owner’s death. If you find yourself involved in the probate of an estate in California, it is certainly in your best interest to have a basic understanding of those laws as well as the procedures used for probating an estate. Given the complex nature of the California probate laws couples with the important nature of the probate process in general, it is always best to consult with an experienced California probate attorney at Schomer Law Group if you have specific question about how the probate laws apply to the estate in which you are involved.

California Intestate Succession Laws

When a decedent dies without first executing a Last Will and Testament, the decedent is said to have died “intestate.” When a Will was executed prior to death the estate left behind is referred to as a “testate” estate. A testate estate is probated using the decedent’s Will. The provisions in that Will (and other estate planning document if relevant) will dictate what happens to the decedent’s assets during the probate of the estate. An intestate estate, however, is probated using the California laws of intestate succession. Typically, an intestate estate is distributed to the decedent’s spouse and/or children if any were left behind. If the decedent did not leave behind a spouse and/or children, the intestate succession laws dictate that the estate be distributed to more distant relatives, such as parents or siblings.

Steps in the Probate Process

The California probate laws dictate which type of probate process must be used to probate an estate. If the estate is modest in value (less than $166,250) one of the small estate alternatives may be used in lieu of formal probate. If formal probate is required, however, you can expect the process to take a minimum of nine months and it make take considerably longer if the estate contains complex assets, has numerous creditors, or becomes embroiled in a probate dispute.

As part of the probate process, all assets owned by the decedent must be identified, located, and valued. This includes both real and personal property as well as tangible and intangible assets. Creditors of the estate are also required to be notified that probate is underway so that they have the opportunity to file a claims against the estate. Federal gift and estate taxes must also be calculated and any tax obligation paid before estate assets can be transferred to the intended beneficiaries and/or heirs of the estate.

The California probate laws require a court to oversee the probate of the estate. The Executor/Administrator may be required to submit an inventory of all estate assets and account for the disposition of those assets at the end of the process. The court will also settle any disputes that arise during the probate of an estate if the parties cannot reach an out of court resolution.

Contact the California Probate Attorneys at Schomer Law Group Today!

At the Schomer Law Group, we are committed to helping you understand the complex and complicated California probate laws that apply to your situation. Even better, our experienced California probate attorneys will walk you through the entire process to ensure that the estate is probated in an efficient and effective manner. Contact the California office today by calling (310) 337-7696 or by filling out our online contact form.

 

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Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

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