Everything You Have Always Wanted to Ask or Know About Probate Court In Los Angeles County
What is probate? Think of probate as the legal method of changing title to a deceased person’s assets. If the assets of the decedent are not in trust, and no alternative to probate was selected by the decedent, or exists by law, then assets have to go through the probate court to be distributed to the heirs.
How can probate be helpful? Probate is helpful when you are looking to sell and asset or transfer it. If you are selling a decedent’s home, or trying to refinance a decedent’s home, the title company will require Probate Letters from you, to allow you to complete the sale.
Is probate necessary? Not always. If the decedent’s assets fall below $150,000, it is rare that there is probate. However, if there are disputes about who will be the executor, or what asset should be in probate, or about whether the executor is doing his job, then there is likely to be probate court involvement.
What is probate court? Probate Court is a court that has the ability to transfer title to assets of a decedent, and to resolve disputes among beneficiaries and executors or trustees. There are other types of cases also handled by the probate court, such as conservatorships and guardianships which are adjudicated there.
Who can probate a will? California law has a list of persons entitled to act in probate. A spouse, a child, a family member, a creditor, a private fiduciary and the public guardian can file for probate.
What is a probate bond? A probate bond is an indemnity contract which protects the probate assets from the wrongdoing by the executor or administrator. It works similar to insurance.
Where to file for probate? You need to file for probate in the County where the decedent resided at death. Residency is determined 181 days of the year before death.
How are probate attorneys’ fees calculated in California? There are two types of probate fees in California. Statutory Fees and Extra-Ordinary fees. Statutory fees are set by the statute, and extra-ordinary fees are at the discretion of the probate judge.
Where is the Los Angeles Probate Court located? 111 N. Hill Street, Los Angeles CA 90012.
What is a probate register of action? The probate resister of action lists all of the probates filed within that county.
What is the probate docket? A Probate Docket is an accumulation of the case information about probate cases.
Where are the probate records located in Los Angeles County? They are located at 111 N. Hill Street, Los Angeles CA 90012, or are in archives. If you are in Lancaster court, they are located locally in Lancaster.
What are probate notes? Probate notes are questions by the probate attorney in the court which need to be answered so that the judge will hear your case. They are answered by a document called a verified supplement to the probate petition.
How do you process or handle probate notes in Los Angeles County Probate Court?
How long do you have to probate a will? If you have been named in a will as executor, you must file the will for safekeeping with the court within 30 days from the date you discovered the death of the decedent and had knowledge of the will.
What does it cost to file for probate in California?
How do I know when I have authority as an executor to collect the probate estate assets? When you receive Letters from the court, then you can collect the assets of the estate and title them in your name, as administrator/executor of the estate of Decedent.
Mina N. Sirkin is a Board Certified Specialist Probate Attorney in Los Angeles County. She regularly acts as a Court Appointed Counsel for persons in probate, trust and conservatorships in Los Angeles County. Call our Los Angeles County Probate Offices in Glendale at 818-340-4479 for all court matters.