Burbank Probate Attorney

When a loved one passes, the surviving family members often go through the legal process of probate to manage the estate left behind. Probate is the court-overseen process for identifying, gathering, and distributing a deceased person’s assets. Working with an experienced Burbank probate lawyer can help you navigate this potentially stressful process. If you need an asset attorney in Burbank, Robert G. Petrovich, Attorney at Law, can provide legal assistance.

Grieving the loss of a loved one is a difficult time, and being appointed their executor or going through the probate process as a family member can become overwhelming. Having an empathetic attorney to guide you through the process can help lift the weight off your shoulders.

Understanding the Probate Process in California

The process of probate begins with validating any existing will and appointing an executor, usually someone the deceased knew and wrote down in their will.

In 2022-2023, California had 42,152 filings for probate. Probate can be time-consuming depending on the size and complexity of the deceased’s estate. Further delays can happen if heirs cannot be tracked down in a timely manner or if the estate has assets like a business or any rare collectibles.

Probate Steps

Probate generally includes the following steps:

• The process begins with filing a petition in California’s probate court, which requests the appointment of an executor. It is advised that you file for probate promptly after your loved one’s passing. Delaying the probate process can lead to issues like difficulty tracking down and preserving assets or interest accruing on any outstanding debts.In Los Angeles County, probate cases are heard at either the Michael Antonovich Antelope Valley Courthouse or the Los Angeles County Superior Court Stanley Mosk Courthouse.
• The executor is generally the person listed in the deceased’s will. If no will exists or no one was named in it as an executor, then a court-appointed administrator will oversee the proceedings.
• The executor will then catalog all of the deceased’s assets. These generally include things such as property, bank accounts, and physical belongings.
• All heirs, beneficiaries, and creditors will then be informed of the probate proceedings.
• Creditors then submit claims for any outstanding debts the deceased may still have, which will then be paid using funds from the estate.
• After any outstanding debts and taxes are paid, the remaining assets are distributed to beneficiaries and heirs according to the will and the deceased’s wishes. With approximately 16.3% of the population aged 65 and older, it’s important to be informed of the probate process and start estate planning early in life.If no will exists, the estate is distributed under California’s intestate succession laws, which could potentially go against what your loved one would want to happen to their estate.
• The executor will submit a final report to the California court. Once it’s approved, the estate is officially closed, and the probate process is complete.

Probate Timeline

In California, probate generally takes a long time to fully complete. The length of time can vary depending on the size and complexity of the estate and any legal conflicts that may arise, such as family disputes over the will. This can make the executor’s role overwhelming to handle. Robert G. Petrovich, Attorney at Law, helps clients understand each step and ensures timely court filings and documentation.

Understanding Assets in Probate

In California, if the full estate is valued under $184,500, it may qualify for a simplified process, which allows heirs to claim assets without having to go through full probate.

If your loved one owned any real estate, it would most likely be the largest portion of their estate’s value. In some cases, court approval is mandatory before any real estate can be sold, particularly when it’s the primary asset of the estate. Local real estate professionals are often involved in ensuring that the property transition is compliant with state law.

Transferring ownership of any property can be a tricky process, especially if the deceased’s will is unclear or if there are any family disagreements over the matter. It’s not uncommon for multiple heirs to inherit the same property. This can lead to disagreement about whether to keep or sell a home, especially if there is any emotional significance to the property.

The State’s Authority

Under California law, the court can authorize the sale or division of jointly inherited property, but the process can become complex if the inheritors cannot come to an agreement on what to do with the property.

In Burbank, where the average home is valued at $1,041,100, these tasks require meticulous attention to detail. Robert G. Petrovich, Attorney at Law, can guide you through the real estate transfer process.

Tax Responsibilities in Burbank Probate Cases

Handling taxes is a critical part of probate administration. The executor oversees several tax responsibilities, including:

• Filing the deceased’s final income tax return for the year of death and any previous unfiled years.
• Filing for an Employer Identification Number (EIN) for the estate.
• Reporting rental income as estate income once your loved one has passed.
• Filing an estate income tax return if the estate earns over $600 in gross annual income after the decedent’s passing.
• Obtaining a new EIN if the estate continues to operate a business after death and reporting any income under the new EIN.
• Filing a federal estate tax return only if the estate exceeds the federal exemption threshold, which applies to high-value estates.

Robert G. Petrovich, Attorney at Law, helps executors meet tax obligations in a timely manner, protecting the estate from avoidable legal issues.

Supporting Executors Through Every Step in Probate

Being listed as an executor in a loved one’s will comes with a hefty amount of legal and emotional weight. In more emotionally charged cases, the executor may also be required to deal with any conflicts between family members or oversee will disputes.

Probate can be overwhelming, especially when you’re grieving the passing of your loved one and trying to navigate complex legal responsibilities. Most executors have never done it before and don’t know the intricacies of probate law. Robert G. Petrovich, Attorney at Law, offers guidance and compassion tailored to your loved one’s unique estate and situation. Our firm understands the specific probate challenges that Burbank residents encounter.

As a trusted Burbank law firm, we have extensive knowledge of local court procedures, the challenges residents commonly face during probate, and a strong relationship with the Burbank courts. We can help guide you through the California probate process. If you’re serving as an executor or are a family member seeking answers about probate, contact us today.