Probate Attorney Woodland Hills | Sirkin Law Group Probate | Call 818.340.447
As a probate attorney in Woodland Hills, Sirkin Law's attorneys address probate administration problems on a daily basis. Woodland Hills residents may wonder what the probate process is like in Los Angeles from an attorney's point of view.
"The most important thing you need to remember about probate is that Probate is a protective proceeding."
1. The probate process insures that the court supervises the actions of an executor or administrator in the administration of the estate.
2. The Probate judge also overlooks the admission of wills and allows a forum for people to question authenticity, or validity of any will or codicil. Sometimes, a will or codicil cannot be admitted, if it was the result of undue influence, fraud or lack of capacity of the decedent. The probate process allows for relatives to voice their concerns and objections to a will or codicil via a will contest.
3. It insures that creditors' rights are protected, and assigns deadlines for creditors to file a claim.
4. Probate provides a method of transfer of title to property of a decedent. The final order of the court distributing a property to a particular person, is the equivalent of a deed.
5. Probate court assign a timeline for an accounting for the executor or administrator, and a time for distribution of the assets of the estate.
How do you file probate in Los Angeles?
The process in Los Angeles begins with appointing an executor or administrator via by filing a Petition for Probate with the Central Court (Downtown). The petition requires that a notice be published in the local newspaper where the decedent resided. The purpose for the publication and notice requirements is to make sure that any relatives find out about the probate filing, have an opportunity to object, and that creditors can come forward to to file a claim to collect any money due them by the decedent.
Unless there is a will that waives bond, or the court at its discretion waives the bond, the Court requires that an administrator/ executor post a bond. Sometimes, administrators cannot get bonded due to bad creditor, or prior bankruptcies or other reasons. If a bond is ordered but it it is not posted, the executor/ administrator cannot get appointed unless an alternative method is used. Bond waivers are getting more rare in Los Angeles and require a personal appearance by the administrator or executor, to request one.
The alternatives to a bond are as follows: A blocked account, or appointment of another person, such as a private professional fiduciary, or a trust company as administrator.
Do you have disagreements regarding certain issues in probate?
While there are many times where there are disputes regarding actions of an executor or administrator, there are great also opportunities for settlement of cases in probate via mediation. The least expensive way of settling a probate dispute is by mediation.
Why hire us?
Mina Sirkin is a nationally recognized probate attorney and has served as a media expert to CNN, MSNBC, Inside Edition, NPR and KTLA regarding probate and estate matters. She is Certified as a Specialist by the Board of Legal Specialization of the State Bar of California, in Probate, Estate Planning and Trust Law. Mina Sirkin is rated 10/10 on Avvo. Sirkin Law Group's Probate Offices are located in Los Angeles, Woodland Hills, Glendale and Pasadena. Call: 818.340.4479. http://WoodlandHillsProbate.com. Ask us about Problems in Probate Administration in Woodland Hills.