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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 » Huntington Beach Probate Resources

    Huntington Beach Probate Resources

    When a loved one dies, the property making up their estate needs to be distributed to their heirs and beneficiaries. In many situations, the estate needs to go through the probate process in order for the property to be distributed properly. Probate requires several steps, including proving the existence of the will, if there is one; determining the property included in the estate and creating an inventory of that property; paying any debts, funeral expenses, and taxes that may be owed by the estate; and then distributing the remaining property to the heirs and beneficiaries. If you are a resident of Huntington Beach, probate resources can help you understand the process and find the information you need.  Our probate attorneys are here to assist you every step of the way.

    Probate Laws

    California Probate Code – The complete set of laws for the state of California that govern wills, estates, and probate.

    Uniform Probate Code – The Uniform Probate Code, drafted by the National Conference of Commissioners on Uniform State Laws, provides probate laws that are currently applicable in only 18 states, not including California.

    Attorney fees for probate work

    The state of California imposes set fees for probate work established by statute, based on the gross value of the estate.  The attorney’s fee schedule is as follows:

    • 4% of the first $100,000 of the probate estate’s gross value
    • 3% of the next $100,000
    • 2% of the next $800,000
    • 1% of the next $9 million
    • 5% of the next $15 million

    The Probate Process

    Timeline of probate in California – The court has provided a diagram that outlines the time frame for filing documents and other actions that must be taken during the California probate process.

    Probate fees – Orange County Probate

    Probate Courts in California

    San Diego Probate Court – San Diego probate court which handles wills and estates, guardianship, conservatorship, among other services.

    San Francisco Probate Court – San Francisco probate court provides online services regarding probate, helpful forms, court rules, and other services.

    Supreme Court of California – The highest court in the state of California provides helpful resources on probate matters, including information on whether probate is required in your case.

    Orange County Superior Court

    • Guardianship
    • Emancipation
    • Minors Compromise
    • Conservatorship
    • Wills and Trusts
    • Medical/Financial/End of Life

    Probate cases are heard at the Central Justice Center in Santa Ana. See Probate cases online at the Online Case Access.

    Guardianship

    • About Guardianships
    • Becoming a Guardian
    • Guardianship Duties
    • How to End a Guardianship

    Probate Help for Children (Minors)

    • Emancipation
    • Minor’s Compromise

    Conservatorship

    • About Conservatorship
    • LPS (Mental Health) Conservatorship
    • Limited Conservatorships (for Developmentally Disabled Adults)

    Probate Wills And Trusts (Property Transfers)

    • About Probate – Probate a Decedent’s Estate
    • Preparing the Petition for Probate
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    • Closing and Distributing the Probate
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    Medical/Financial/End Of Life

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    More Probate Help & Information

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    Assistance By Phone or in Person

    • Superior Court of Orange County Self-Help Centers
    • Superior Court of Orange County Probate Division

    Informational Blogs

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    The basic steps of probate in Huntington Beach

    The first step involves initiating the probate process by filing a petition with the California Superior Court in Orange County or the county where the deceased resided at the time of his or her death.  Once the petition has been filed, the notice of hearing will be published at least three times in the local newspaper and mailed to everyone named in the will.  The personal representative is also required to take possession of the assets in the probate estate and create an inventory of that property.

    After notice of the death has provided creditors with legitimate debts are required to submit a claim.    If those claims are valid, they will be paid from the estate before other distributions can be made. The personal representative is also responsible for ensuring that all estate taxes are paid before any distributions are made to heirs and beneficiaries.  The final step in the probate process is closing the estate which involves providing an accounting of all transactions to the court.

    If you have questions regarding probate, estate planning, trust contests, or any other trust administration issues, please contact the Schomer Law Group either online or by calling us in Los Angeles at (310) 337-7696.

    #estateplanning, #schomerlawgroup, #huntingtonbeachprobateresources

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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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