• 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      • Is Your Estate Plan Outdated?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 » Probate » Los Angeles Probate Lawyers Explain Electronic Filing Requirement

Los Angeles Probate Lawyers Explain Electronic Filing Requirement

September 18, 2018Probate

Los Angeles probate lawyersIn California, probate proceedings are handled in the California Superior Courts.  The Los Angeles County Probate Court is a Court of General Jurisdiction that handles matters including but not limited to the following proceedings: Decedents’ estates, Trust proceedings, Guardianship proceedings, Conservatorship proceedings, and Minor’s compromises. During the probate process, there are many documents that must be filed with the court. Now, those documents must be filed electronically. Let our Los Angeles probate lawyers explain what that means.

The Requirement for Electronic Filing of Probate Documents

At present time, nearly all California probate courts require that court documents be filed electronically using the eFiling system. Effective June 5, 2017, the Los Angeles Superior Court has mandated eFiling of probate cases.  As such, documents filed in the Probate Division of the Superior Court are required to be filed electronically through an electronic filing service provider. This can be accomplished either through the courts’ service or by using one of several eFiling service providers. However, in many cases, the fees charged by these outside services are more expensive than fees charged by the probate courts.

There are Exceptions to the eFiling Requirement

There are a few exceptions to the mandatory eFiling of probate cases. If you need help determining whether your situation applies, speak to one of our Los Angeles probate lawyers. These exemptions include:

  • Original testamentary instruments, such as wills & codicils
  • Letters and original trust documents
  • Bond or undertaking documents
  • Lodged documents
  • Trial and hearing exhibits
  • Challenges regarding a judicial officer
  • Documents filed in civil cases related necessary for probate

The Purpose and Benefits of eFiling

The requirement of eFiling comes on the heels of the Los Angeles Superior Court’s replacement of its antiquated case management system for probate cases with a new, state of the art system. The new technology has made proceedings much more efficient and improved the ability of the probate court to maintain and access probate records. Incorporating eFiling with this new system makes the entire process more efficient and reliable.

Additional Benefits of eFiling in Los Angeles County

In the face of recent budget cuts, the Los Angeles Superior Court closed all probate courtrooms except the Michael D. Antonovich Antelope Valley Courthouse in Lancaster, after the majority of probate operations were relocated to the Stanley Mosk Courthouse in downtown Los Angeles. With the availability of eFiling, parties are no longer required to travel to either of these two courthouses just to file probate documents.

If You Don’t Have a Lawyer, Don’t Worry

These mandatory eFiling requirements only apply to Los Angeles probate lawyers. The California Rules of Court and the Code of Civil Procedure provide that self-represented litigants are exempt from the mandatory electronic filing requirement. So, if you do not have an attorney yet, you can still file probate documents in person at the clerk’s office. That does not mean you cannot file them electronically if you so choose. The eFiling instructions that apply to each electronic filing service provider are available on the Court’s website. All documents electronically filed after midnight are considered filed as of the next business day.

The Steps Required for Probate

The probate process officially begins with the filing of a petition in a California Superior Court in the county where the deceased was living at the time of his or her death.  A hearing will be set by the court approximately thirty (30) days after the filing of the petition.

After the initial petition is filed, the notice of hearing must be published three times in the local newspaper.  The notice must also be mailed to every person named in the will, along with all legal heirs of the deceased.  Finally, all named executors, including alternates, must receive notice of the hearing as well.

If there is a will, proving the will is a necessary step unless it is “self-proving.”  Some wills contain specific language at the end of the document, where the witnesses sign, which makes it unnecessary for additional statements or witnesses to prove the validity of the will.

The personal representative for the estate is required to take possession of all assets of the deceased which are subject to probate.  If the title on particular assets needs to be transferred into someone else’s name, the administrator or executor will handle that transaction.

Payments to Creditors and Conclusion of the Estate

Once the executor or administrator has been appointed and access the funds of the estate has been obtained, creditors will be paid first.  This includes all bills, as well as funeral expenses.  Creditors who claim to have valid debts payable by the estate will submit a claim form to the administrator or credit.  If those claims are determined to be valid, they will be paid from the estate.

Once all of the necessary steps have been taken, an accounting of the estate will be performed and filed with the court.  A petition is then drafted which summarizes the estate and reports all transactions taken on behalf of the estate.  The petition generally contains a list of all assets currently held and how they will be distributed.  The petition also includes the executor or administrator fees and any fees for an estate attorney, if applicable. Our Los Angeles probate lawyers can help with all of these steps if needed.

Join us for a free seminar today! If you have questions regarding 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, and in Orange County at (562) 346-3209.

#estateplanning, #schomerlawgroup, # losangelesprobatelawyers

  • Author
  • Recent Posts
Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
  • Things You May Need to Update in Your Estate Plan When You Enter Retirement - March 22, 2023
  • 10 Estate Planning Tips You Cannot Afford to Ignore - March 21, 2023
  • 7 Estate Planning Steps for the Beginner - March 16, 2023

Other Articles You May Find Useful

Los Angeles probate attorneys
Which Assets Go Through Probate?
Los Angeles estate planning attorneys
What Does it Cost to Probate an Estate in California?
Los Angeles probate attorneys
Common Probate Mistakes and How to Avoid Making Them
Los Angeles probate attorney
How Long Does It Take to Probate an Estate in California?
Abogados de planificación patrimonial de Los Ángeles
Herramientas y Estrategias de Evitación de Sucesiones
Los Angeles estate planning attorneys
Probate Avoidance Tools and Strategies

Primary Sidebar

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

Schomer Law Group

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.

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

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.