When a loved one dies, the property that constitutes that person’s estate needs to be distributed to their heirs and/or beneficiaries. In most cases, the remaining estate must go through the probate process in order for the property in the estate to be distributed appropriately. The probate process involves several steps which include proving a will if one exists, identifying the specific property at issue and establishing an inventory of the estate property. Debts need to be paid as well as funeral expenses and applicable taxes. Once all of those matters have been handled, any remaining property can then be distributed to the heirs and beneficiaries. Here are some useful probate resources for Los Alamitos residents.
The Los Alamitos community
Los Alamitos, Spanish for “The Little Cottonwoods,” is a wonderful city in Orange County, incorporated in March 1960. At the last census, this quaint city had a population of 11,449. Los Alamitos is probably best known for the Los Alamitos Race Course, located in neighboring Cypress, which was opened on December 4, 1951. The track is owned by Ed Allred and hosts both thoroughbred and quarter horse racing. The Los Alamitos Race Course has the distinction of holding four quarter horse stakes races with purses over $1 million, more than any other track in the United States.
Los Alamitos probate resources
Los Alamitos is a small city located in Orange County, California which was incorporated in 1960. Being located in Orange County means that the estates of residents of Los Alamitos will be probated through the Superior Court for Orange County. Specifically, probate cases are handled at the Central Justice Center in Santa Ana. Online Case Access is available, as well. Probate Forms can be found here.
Guardianship Issues
There are two types of Guardianship proceedings available in California: Guardianship of the Person and Guardianship of the Estate. Here are a few important resources on these issues:
Duties of Guardian, Judicial Council form
Probate Guardianship Pamphlet, Judicial Council Pamphlet
Conservatorship Issues
LPS (Mental Health) Conservatorship
Limited Conservatorships (for Developmentally Disabled Adults)
Other resources
About Probate – Probate a Decedent’s Estate
Preparing the Petition for Probate
Closing and Distributing the Probate
Powers of Attorney and Health care issues
Probate Fees
In addition to attorney’s fees, there could be other necessary fees imposed for probate services. Those other fees likely include court fees, fees for the services of a personal representative, accounting fees, appraisal fees and business valuation fees. Court fees and personal representative fees are set by state statute.
There can be various fees such as postage for mailing notices and other documents depending on the type of property in the estate, the cost of insuring and storing personal property, shipping or moving personal property. These fees are usually deducted from the probate estate.
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
Wills, Estates & Trusts
The probate court also provides self-help for creating Wills, Estates & Trusts. Some people see do-it-yourself, online legal forms as a simple and less expensive way to create estate planning documents, including a last will and testament. These products allow consumers to create their estate plans at home on their own computers, without the need for a lawyer. However, as our Los Alamitos probate litigation attorneys understand, these types of estate planning instruments often lead to probate litigation. So, you may want to rethink this option.
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.
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