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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 » Los Angeles Probate Administration

Los Angeles Probate Administration

If you recently lost a family member or close loved one you are undoubtedly grieving that loss. The legal aspect of your loved one’s death may not be at the forefront of your thoughts right now; however, if you are the individual who will be administering the estate during the probate process you will need to focus on the legal ramifications of your loved one’s death.  The experienced Los Angeles, California probate attorneys at Schomer Law Group that you do not make a costly mistake during probate administration,

What Is Probate Administration?

Probate administration refers to the process of identifying, valuing and eventually distributing the estate of a decedent. Probate administration is carried out by the individual named as Executor if the decedent left behind a Last Will and Testament or by a volunteer Administrator if the decedent died intestate (without a Will).

How Do I Know If Probate Is Required?

Like most states, California offers an alternative to formal probate for small estates. The general rule in California is that if you have the legal right to inherit the property, and the estate is valued at less than $165,250, you may be entitled to use an affidavit to transfer property instead of going through the formal probate process. Given the complex rules that apply to probate administration, however, it is always best to consult with an experienced California probate attorney to determine if you are eligible to use a small estate administration in lieu of formal probate administration.

Is the Probate Administration Process Different for an Intestate Estate?

If the decedent left behind a valid Will, the provisions in the Will dictate how the estate assets are to be distributed. If the decedent died intestate, the California intestate succession laws determine what happens to the estate assets. In that case, the legal heirs of the estate must first be identified and located as part of the probate administration process.

What Happens during the Probate Administration Process?

Every estate is as unique as the owner of that estate. Consequently, no two probate administrations are exactly the same. There are, however, some common duties and responsibilities of an Executor or Administrator during the probate administration process, including:

  • Estate assets — identifying, locating, securing, and valuing estate assets should begin as soon after the death of the decedent as possible. At the end of the administration you will need to take the proper steps to effectuate the legal transfer of the remaining assets to the named beneficiaries and/or legal heirs of the estate.
  • Creditors – you must notify all creditors that probate is underway as well as review all claims submitted by those creditors. Approved claims are paid out of estate assets.
  • Litigation – if someone challenges the validity of the Will submitted for probate, you must defend that Will throughout the ensuing litigation.
  • Taxes – federal gift and estate taxes must be calculated and an estate tax return completed and filed. Any taxes owed must be paid first out of estate assets.

Do I Need to Hire a Lawyer?

Ultimately, the decision to retain the services of a probate attorney or not rests with you; however, the complexity of probate administration and the risk of making a costly mistake prompt most Executors/Administrators to make the decision to work with an attorney throughout the process. If you are a beneficiary and you wish to challenge the Will submitted for probate, you will likely need an experienced attorney on your wide to navigate the litigation.

Contact the Probate Attorneys at Schomer Law Group Today

At The Schomer Law Group we have the experience and commitment to help you navigate even the most complex Los Angeles probate administration. Contact the California office today by calling (310) 337-7696 or by filling out our online contact form.

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

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PROBATE CHECKLIST

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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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El Segundo, CA 90245
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