Arcadia Probate Attorney

It’s not easy to deal with legal matters soon after losing a loved one. When the deceased’s will must go through the legal process, it can be incredibly helpful to rely on a professional with extensive experience handling probate cases. It’s a good idea to look for a qualified Arcadia probate lawyer who can guide you.

About Robert G. Petrovich, Attorney at Law

At the firm of Robert G. Petrovich, Attorney at Law, our team of estate law professionals is dedicated to helping our clients through challenges by providing concrete solutions. Our founding attorney, Robert Petrovich, has over 35 years of practical legal experience assisting the people of California.

Why Do I Need to Hire a Probate Lawyer?

Probate is the legal process of carrying out a deceased individual’s will. According to one survey, approximately 24 percent of Americans report having an established will, and 13 percent reported having a living trust in place. Trusts are another type of estate planning document that allows a person to place certain assets within it.

Generally, trusts avoid probate, but most estates are required to go through probate since wills must be processed in court. Even if your deceased loved one didn’t have an established will, their estate may still be subject to probate if the net worth of their estate is more than a certain amount.

You aren’t legally required to hire a probate lawyer in the state of California, but there are several reasons why you should. Probate is typically required not long after the deceased has passed. It can be beneficial to have a legal professional guide your family through this difficult time. A probate lawyer can also assist you if you are the executor of the estate or have an issue with the probate proceedings.

What Are the Steps of Probate in California?

After consulting a qualified and experienced probate lawyer, they can assist you with filing a petition with the probate court. Normally, the case is filed within the city or county where the deceased individual resided. Probate matters in Arcadia and other areas throughout Los Angeles County are typically handled by the Stanley Mosk Courthouse. This legal venue is located at 111 North Hill Street, Los Angeles, CA 90012.

The court appoints an executor of the estate depending on what is specified within the will. If a specific person is named and they are capable of serving as executor, the court may appoint that person to be in charge of administering the estate. If the named person is unable to serve as the executor, there is no one appointed in the will, or there is no will, the court can then appoint an executor it deems suitable for the role.

The next phase of probate entails notifying all potential claimants or interested parties of the estate. All assets and debts of the estate must be identified and thoroughly catalogued. This includes the deceased’s personal belongings, investments, bank accounts, real estate properties, and financial obligations. Any outstanding debts must be paid off using the remaining funds, and all necessary tax filings must be completed. Assets are then distributed to beneficiaries according to the will’s terms.

Potential Issues During Probate in California

Throughout the probate proceedings, disputes or challenges may arise. Potential issues include disputes among family members, missing beneficiaries, concerns with estate administration, debt management, and unclear or contested wills. Whether you’re the will executor or a concerned family member or beneficiary, an experienced probate attorney is capable of representing you and working to resolve the issue.

In addition to resolving various disputes, a skilled probate attorney is a valuable resource for numerous reasons. This includes helping to prepare and file critical documents, validating the will, paying off the estate’s debts, identifying and appraising assets, and aiding in the distribution of property.

Is Probate Required When There Isn’t a Will?

Sometimes a person dies without having created a will or an estate plan. This is known as dying intestate. In these cases, the person’s estate is usually still required to go through probate. Instead of following the instructions or terms outlined within a will, the estate is subject to the state’s intestate succession laws.

According to California probate laws for intestate succession, the deceased individual’s property is distributed to their closest living heirs. In most cases, the person’s surviving spouse or registered domestic partner has priority. Besides community property, the remaining assets are divided between any remaining relatives. This includes the deceased’s children, grandchildren, parents, and siblings.

When Can Probate Be Avoided in CA?

Probate is a necessary legal matter that is often associated with costly fees and potentially long proceedings. Probate may be able to be avoided or simplified if the deceased person’s estate is small enough. In California, estates with a total net worth of less than $184,500 can qualify for a summary proceeding.

Additionally, many accounts or properties that are jointly owned between the deceased and a surviving party are not required to go through probate. Assets and accounts with designations such as Transfer on Death, Payable on Death, or with named beneficiaries are also exempt from probate.

If you are creating your own estate plan, another way to simplify the probate process is by setting up a trust. By placing various assets within a trust, those funds or possessions are not required to go through the probate process. Instead, the trust is administered privately and independently of probate proceedings.

Choose Robert G. Petrovich, Attorney at Law

If you’re looking for an approachable and experienced Arcadia probate attorney, look no further than the law firm of Robert G. Petrovich. With over four decades of experience, he has a deep understanding of the probate process and extensive knowledge of how California court systems handle these matters.

Contact Us Today

The experienced team at Robert G. Petrovich, Attorney at Law, understands how overwhelming probate can be for families, especially while processing the passing of a loved one. We’re here to make your experience less complicated. Contact us today to schedule a consultation with a compassionate and skilled probate attorney.