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Probate is the judicial process that distributes a person’s assets after they die. The Probate Court takes an inventory of the deceased’s assets and liabilities and distributes those assets after paying any outstanding debts.
In most states, probate is required even if there is a Will.
The probate process can take up to two years and costs thousands in fees.
If you want to avoid probate entirely to make things easier for your loved ones when you die, you can distribute your assets through a Revocable Living Trust.
The laws that govern probate in California are set out in the California Probate Code. When someone dies with a will (testate) or without a will (intestate), their assets can be passed on to their heirs using a court process called “Probate”.
At Laguna Legal we charge a low monthly flat fee of $500 to assist our clients throughout the probate process. In addition to the fees paid to Laguna Legal, there are court filing fees, publication fees and probate referee fees. Please contact our office for more information. We serve clients throughout California.
Probate is required any time someone passes with real estate (regardless of value) or assets above $166,250.00 if that person hasn’t titled their assets in the name of a living trust. Many people think that having a Last Will and Testament will protect their heirs from Probate, but that isn’t the case. A Last Will and Testament let the court know what your final wishes are, but your executor cannot act for you until an Order for Probate has been obtained.
All California Probate forms are available on the court’s website but filling out the probate forms on your own can be confusing. Using a legal document service, like Laguna Legal, will allow you to represent yourself through the probate process (keeping the costs down to a minimum) but have peace of mind that all your documents will be prepared and filed for you and all you have to do is attend the hearings.
The California probate process typically takes one year to complete. Our office will prepare and file the Petition for Probate, notify all heirs, arrange the required publication, work with your probate referee and finalize the process by filing a final accounting with the court. Any real estate can typically be sold within 3-4 months of filing the initial petition.
You can avoid probate in California by setting up a Living Trust. Laguna Legal can help you prepare and retitle your real estate in the name of your trust to avoid probate. We charge a flat fee of $950 for a complete estate plan for a single person. A complete estate plan includes the following important documents: Revocable Living Trust, Certification of Trust, Pour-Over Will, Durable Power of Attorney, and Healthcare Directive.
When someone dies with a will (testate) or without a will (intestate), their assets can be passed on to their heirs using a court process called “Probate”. If your loved one passes away with real estate (regardless of value) or other assets valued above $166,250 and the assets are not titled in a living trust, you must file for probate for the California probate court to order the distribution of those assets.
California probate is required if you die with assets such as real estate (regardless of value) or bank accounts and investment accounts above $166,250. Financial institution accounts with a value below $166,250 can typically be unlocked using a Small Estate Affidavit. Laguna Legal can help you prepare a Small Estate Affidavit, if needed or we can help you prepare and file the complete probate. Since we are a legal document service and not an attorney, you would need to represent yourself at the required hearings but Laguna Legal can help you with the preparation and filing of all the required court forms.
Probate is required in California if you don’t have your assets titled in a Living Trust. Laguna Legal can help you prepare and retitle your real estate in the name of your trust to avoid probate. We charge a flat fee of $950 for a complete estate plan for a single person. A complete estate plan includes the following important documents: Revocable Living Trust, Certification of Trust, Pour-Over Will, Durable Power of Attorney, and Healthcare Directive.
If your loved one passes away with real estate (regardless of value) or other assets valued above $166,250 and the assets are not titled in a living trust, you must file for probate for the court to order the distribution of those assets. If you don’t file probate in California, then the property can be foreclosed upon (if there is a loan or tax lien) or the government can take the assets.
The California probate process typically takes one year to complete. Our office will prepare and file the Petition for Probate, notify all heirs, arrange the required publication, work with your probate referee and finalize the process by filing a final accounting with the court. Any real estate can typically be sold within 3-4 months of filing the initial petition.
Learn more about the California probate timeline in our blog post “How long does Probate take in California and what affects the timeline?“
The assets that are subject to probate in California are real estate (regardless of value) bank accounts and investment accounts above $166,250. Financial institution accounts with a value below $166,250 can typically be unlocked using a Small Estate Affidavit. Laguna Legal can help you prepare a Small Estate Affidavit if needed or we can help you prepare and file the complete probate. Since we are a legal document service and not an attorney, you would need to represent yourself at the required hearings but Laguna Legal can help you with the preparation and filing of all the required court forms.
The California probate statutory fees are the court filing fees, publication fees, and probate referee fees. Laguna Legal is a legal document service that can help you prepare and file all required documents with the court. We assist clients throughout the State of California. After the initial Petition filing fee, we charge a low monthly fee of $500 per month and will assist you throughout the process. You would have to represent yourself at the court hearings, which is not difficult and we will guide you through that process.
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For our Probate service, our fee is $1,500 up front then $500/month until the process is completed. This process usually takes 6 – 12 months. This cost does not include the filing fee of $511.50 ($465 plus $46.50 e-filing fee).
We are not attorneys. We help you prepare and file all necessary paperwork and serve all interested parties. We do not represent you in court. You will need to attend the hearing on your own and represent yourself.
Discover how the new California Small Estate Affidavit Limit can save you time, hassle, & streamline your inheritance process—starting today!
Discover how the new California Small Estate Affidavit Limit can save you time, hassle, & streamline your inheritance process—starting today!
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Probate is the judicial process that distributes a person’s assets after they die. In most states, probate is required even if there is a Will.
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We’ve been providing Southern California with Excellent Legal Document and Divorce Mediation services since 1998.
We service the following counties: Orange, Los Angeles, San Bernardino, Riverside, San Diego, San Luis Obispo, Kern, Santa Barbara, Ventura and Imperial.
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Address:
Laguna Legal Headquarters
24800 Chrisanta Drive, Suite 200
Mission Viejo, CA 92691
Phone:
800-497-9850
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949-497-9877
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team@lagunalegalhelp.com
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A Bonded and Certified Legal Document Assistant, LDA #267. We are not attorneys and cannot give legal advice. A Legal Document Assistant provides only self-help service to a member of the public who is representing him/her self in a legal matter. We are, however, very experienced and knowledgeable in the preparation of living trusts, deeds, and other legal documents, including divorce mediation. We work closely with several attorneys who can give you the legal advice you need.
