Capistrano Beach Probate Services

The Capistrano Beach 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 Capistrano Beach 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 Capistrano Beach probate court to order the distribution of those assets.

Capistrano Beach, 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.

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 Capistrano Beach, then the property can be foreclosed upon (if there is a loan or tax lien) or the government can take the assets.

The Capistrano Beach 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.

The assets that are subject to probate in Capistrano Beach 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.