Pros and Cons of Probate
Delving Into The Pros And Cons Of Probate In California Welcome to the Laguna Legal blog, your go-to source for all things related to legal
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In Costa Mesa, Laguna Legal provides probate services, such as completing and submitting paperwork and notifying necessary parties. You can save a lot of money on legal fees because we are not Costa Mesa probate lawyers. But as long as your paperwork is in line, you won’t have any trouble representing yourself in probate court.
As the legal procedure for allocating a deceased person’s assets, the Costa Mesa probate process may frequently be time-consuming and expensive. At Laguna Legal, we can effectively handle this process, saving you both time and money.
The Costa Mesa 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 Costa Mesa 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 Costa Mesa probate court to order the distribution of those assets.
Costa Mesa, 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 Costa Mesa, then the property can be foreclosed upon (if there is a loan or tax lien) or the government can take the assets.
The Costa Mesa 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 Costa Mesa 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.
Learn more about how we can help you to prepare and file the necessary probate paperwork, as well as notify interested parties.
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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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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 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.
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