Probate Attorney Los Angeles | Sirkin Law Group Probate | Call 818.340.447
Some of you may wonder what the probate process is like in Los Angeles from an attorney's perspective.
"The most important fact to know about probate is that Probate is a protective proceeding."
1. The process insures that the court supervises the actions of an executor or administrator.
2. The Court overlooks the admission of wills and allows a forum for people to question authenticity 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, via a bond.
4. Probate provides a method of transfer of title to property of a decedent.
5. It includes 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 a Petition for Probate filed with the Central Court (Downtown). The petition requires that a notice be published in the local newspaper where the decedent resided. The reason 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 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 to request one.
The alternative to a bond is a blocked account, or appointment of another person, such as a private professional fiduciary, or a trust company as administrator.
What if you can't agree to an issue in probate?
While there are many times where there are disputes regarding actions of an executor or administrator, there are great 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. Probate Attorney Los Angeles
Call: 818.340.4479. Los Angeles Probate Lawyer