• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Estate Planning
    • Probate
    • Trust Administration
    • Trust, Probate and Estate Litigation
    • Family-Owned Businesses
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • Loss of a Loved One
    • Power of Attorney
    • SECURE Act
    • Special Needs Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Young Families
  • Probate
    • Is Probate Always Necessary In California?
    • Probate & Estate Planning Savings Calculator
    • Probate Administration
    • Probate Code 850 Petitions
    • Probate Disputes
    • Probate In California
    • Probate Laws
    • Probate Litigation
    • Why Hire A Probate Attorney
  • Elder Law
    • Conservatorship
    • Coping with Alzheimer’s
    • Estate Planning
  • Resources
    • Elder Law
      • Elder Law & Medi-Cal Definitions
      • Elder Law Reports
    • Estate Planning
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Special Needs Planning Can Protect Benefits
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
      • Webinars
    • Frequently Asked Questions
      • Advance Health Care Directives
      • Asset Protection
      • California Adult Conservatorship
      • Estate Planning
      • Estate Planning & Remarriage
      • Frequently Asked Questions For Families Without An Estate Plan
      • In-Home Elder Care
      • IRA Inheritance Planning
      • IRA & SECURE Act
      • Irrevocable Trust
      • Last Will and Testament
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trust
      • Probate
      • Special Needs Planning
      • Trusts
      • Trust Administration
      • Wills
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Published Book
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Los Angeles County
      • Bellflower
      • Cerritos
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Inglewood
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Manhattan Beach
      • Playa del Rey
      • Santa Monica
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
    • Orange County
      • Anaheim
      • Buena Park
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Stanton
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG
  • Videos

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

Connect With Us Today (310) 337-7696

Attend a Free Event
Home » Estate Planning » Probate, Living Trusts & Heggstad Petitions: Part 1

Probate, Living Trusts & Heggstad Petitions: Part 1

December 3, 2019Estate Planning

A lot of people are under the impression that inheritors receive their bequests in a timely and efficient manner when a will is used as an asset transfer device. In fact, this is not the case, because a will must be probated by the court before the inheritors can receive their bequests.

Probate exists in part to give creditors the opportunity to come forward seeking satisfaction before the inheritances are distributed. The court is also charged with the responsibility of affirming the validity of the will, so interested parties could present challenges during this process.

People often proactively implement probate avoidance strategies, because the process is time-consuming, and it can be expensive. Another negative is the fact that the records are available to the general public, so anyone that is interested can find out how the assets were distributed.

We will explain the value of a commonly utilized probate avoidance device in our next blog post and move on to another related document to close out this three-part series. For now, we will take a look at some of the exceptions to the rule when it comes to estates passing through the full process of probate.

Spousal Property Petitions

There are some “probate shortcuts” that exist in the state of California that can allow for estates to be administered outside of the full process. One of them is the utilization of a Spousal Property Petition. A surviving spouse can submit this petition to the probate court, and if it is accepted, the estate administration process can be streamlined.

Small Estate Affidavits

It is possible for an inheritor to prepare a statement that is signed under oath attesting to the fact that he or she is entitled to inherit a particular piece of property. For example, let’s say that it is a bank account. Under these circumstances, the affidavit would be presented to the bank along with the death certificate.

Under California laws, the bank would be required to release the funds to the rightful inheritor if there was $150,000 or less in the account. This method can also be used to transfer real estate if the value does not exceed $50,000.

Simplified Probate Procedure

The simplified probate procedure is another shortcut. This can also be available for small estates that are valued at no more than $150,000. The way that it works is the beneficiary would file a written request asking the court to allow for the utilization of the simplified procedure.

It should be noted that a number of different types of property are excluded when the value is being calculated, and this is part of the appeal.

Learn More About Estate Administration

If you would like to obtain more detailed information about estate administration, we have some fantastic resources that you can access right here on this website. Our attorneys have prepared a series of special reports that focus on several different aspects of the process. There is no charge for these reports, and you can click the following link to check out the titles: Free Estate Administration Reports.

Attend a Free Seminar

Written information is very useful, but there is really no substitute for a direct interaction with a licensed estate planning attorney. With this in mind, we are holding a series of seminars over the coming weeks, and you can learn a lot if you attend one of these sessions.

There is no charge, but we ask that you register in advance so that we can reserve your seat. You can visit our seminar schedule page to see the dates, and once you identify the one that works for you, click on it and follow the simple instructions to register.

Schedule a Consultation!

We are here to help if you would like to discuss your estate planning objectives with one of our attorneys. You can a schedule a consultation appointment right now if you give us a call at 310-337-7696. If you would prefer to reach out electronically, simply fill out our contact form and we will get back in touch with you promptly.

 

  • Author
  • Recent Posts
Cesar Gil
Cesar Gil
Operations Director at Schomer Law Group
Cesar Gil has the primary responsibility of ensuring that the business has the best working environment and processes. He manages the implementation of business guidelines and strategies to ensure everything runs smoothly and in accordance with any guidelines. He joined Schomer Law Group in 2014 as an Estate Planning Paralegal and Marketing Coordinator and quickly rose to several supervisory and management positions. He joined Schomer Law Group with almost a decade of estate planning experience.

Cesar has received his Masters of Science in Integrated Design, Business and Technology from the University of Southern California.
Cesar Gil
Latest posts by Cesar Gil (see all)
  • Protecting Your Digital Assets: What Happens to Your Online Accounts After You Pass Away? - March 23, 2023
  • Peace of Mind in Contentious Probates: Why a Professional Fiduciary is Essential - March 20, 2023
  • Expertise, Objectivity, and Efficiency: Why Single Individuals Need a Professional Fiduciary in their Estate Plan - March 18, 2023

Other Articles You May Find Useful

estate planning tips
10 Estate Planning Tips You Cannot Afford to Ignore
estate planning steps
7 Estate Planning Steps for the Beginner
Estate planning
How Do I Approach the Subject of Estate Planning with My Elderly Parents?
Los Angeles estate planning attorneys
Marriage and Divorce: How Your Estate Plan Can Help Protect Assets
The Lessons from Lisa Marie
What Happens When You Don’t Trust Your Trustee – Part I

Primary Sidebar

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

Schomer Law Group

FREE Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

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

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Subscribe To Our Blog

Sign up using the form below to get our latest estate planning updates!

  • This field is for validation purposes and should be left unchanged.

Office Address

El Segundo
2155 Campus Drive
Suite 250,
El Segundo, CA 90245
Phone: (310) 337-7696
Fax: 310-337-1277

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Schomer Law Group

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

footer-logo
© 2023 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2023 American Academy of Estate Planning Attorneys, Inc.