Montebello Probate Attorney

After a loved one passes away, the last thing you want to deal with is the probate process. It’s complex, overwhelming, and can take substantial time. The deceased may have a large estate with many assets, making it more difficult for you to manage. There’s paperwork, hearings, and inventories. You don’t have to do it alone. You need a Montebello probate lawyer who has the experience and knowledge to help.

Robert G. Petrovitch, Attorney at Law, provides a wide variety of legal services, including probate and estate planning. We have 43 years of experience and roots in the Montebello community. In addition, Mr. Petrovitch is a part-time professor at California State University, Los Angeles.  Clients say he’s effective and professional.

Robert G. Petrovitch, Attorney at Law, can advise you on your probate case and assist you through the process. Losing someone you love is a difficult time. Let us make it easier.

What Is Probate?

Probate is the legal process to determine the inheritance or transfer of property and assets after someone passes away. Probate in California is usually done even when there is a will for the deceased, but there are exceptions. The probate laws are detailed in the California Probate Code.

Probate Cases in California

According to data from the California Superior Courts, there were 63,609 probate filings across the state in the 2023-2024 fiscal year. Within Los Angeles County, there were 45,894 trials for probate and mental health at the Stanley Mosk Courthouse, with 909 of them going to trial.

Intestate Succession Law in California

Intestate succession law goes into effect when the deceased did not have a will or trust prepared before their death. Under this law, the spouse of the deceased inherits all the assets acquired during the marriage. Other assets, like property purchased before the marriage, are split between the children, parents, siblings, and then other blood relatives.

It’s important to point out that unmarried partners of the deceased are not considered in the succession law. Charities and other entities are also not included. Having a will can allow the deceased to voice their wishes for their property after they’re gone. This is why it’s advisable to have an asset attorney who can draft the appropriate will.

Steps for Probate in California

The probate process can take some time to complete. The steps for the process include:

1. File a petition. This petition is presented at the Stanley Mosk Courthouse in downtown Los Angeles, along with any other documents, like a will. The will needs to be verified for validity before the court considers its contents.
2. Everyone involved in the estate is officially notified. This includes beneficiaries, heirs, and creditors. A period of time is given before a hearing is scheduled to allow those seeking their debts to be paid or family members to come forward.
3. An inventory of the estate is conducted. The court appoints a referee to appraise the value of each asset. The assets can include:
   • Real estate owned by the deceased individual
   • Personal stocks and bond investments
   • Individual bank accounts
   • Personal vehicles
   • Business interests
   • Any royalties or patents
4. Once the estate has been appraised, any debts or taxes are paid.
5. Whatever is left is distributed to the heirs or beneficiaries.

Having someone by your side through these steps is essential. You can hire a probate lawyer as your guide.

Exceptions to Probate in Montebello

Even with a will, there are some exceptions to the probate process in California. Some of these include:

• Property or businesses owned jointly. Since the assets are split in these situations and one of the people with ownership is still alive, they are not taken into account during probate. They are not included on the estate’s inventory.
• Joint bank account. Similarly, joint bank accounts are shared by two people. The surviving spouse or partner can present a death certificate to the bank to move the funds from the joint account into a personal account.
• Living trusts. If someone does estate planning before their death and signs a living trust, their assets go directly to whoever they name as heirs in the trust. Those assets bypass probate completely.
• Accounts with named beneficiaries. This includes retirement accounts.
• Smaller estates. Not everyone has a large estate. As of April 1, 2025, if an estate is declared to be under $208,850, an affidavit can be completed to make the probate process go faster. This amount is reassessed every three years by California law.

One of these exceptions may apply to you. Consult a Montebello probate attorney for guidance.

Common Mistakes With Probate in California

People make mistakes, and it’s easy to do while going through the probate process. These mistakes can be costly, both financially and in terms of time. Here are some common mistakes that can be avoided when you work with a capable probate lawyer.

• Missed deadlines or improperly completed paperwork
• Not notifying the correct people associated with the estate
• Selling property before the court approves it
• Distributing funds prematurely
• Combining personal funds with estate funds

Fees for Probate

There are filing fees and fees for the referee to appraise the estate. Unlike other attorney services, Probate Code 10810 details the fee structure, which is a percentage of the estate, for a lawyer working on a probate case.

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9 million

A knowledgeable lawyer who understands the process and probate laws can offer both compassion and legal counsel. You may be concerned about gathering the documents or going to the courthouse for the hearing. Allow a skilled attorney to be by your side.

Hire a Probate Lawyer in Montebello

At Robert G. Petrovitch, Attorney at Law, we have decades of experience with the probate process. Whether your loved one had a will or not, we can guide you from beginning to end. We can prepare the paperwork, track it through the court, and keep you updated until the assets are distributed. Contact us today to schedule a consultation to discuss your probate case and how we can assist after the death of someone you love.

Montebello Legal Resources

• Estate Planning for Singles in California
• Estate Planning Mistakes to Avoid
• Essential Estate Planning Moves to Consider If You’re Getting Divorced in California
• Can You Leave Your California Home to Heirs While You’re Still Alive?
• Things You Can’t Do As a Power of Attorney