Dana Point Probate Services

The Dana Point 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 Dana Point 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. 

Assets can be distributed to heirs through a legal procedure called “Probate” whether someone dies testate—with a will—or intestate. If your loved one leaves behind real estate (regardless of value) or other assets worth more than $166,250 that are not listed in a living trust, you must file for probate in order for the Dana Point probate court to determine how those assets should be distributed.

If you have assets like real estate (regardless of value), bank accounts, and investment accounts worth more than $166,250, Dana Point, California probate is necessary. A Small Estate Affidavit can usually be used to unlock bank accounts with a value under $166,250. If necessary, Laguna Legal can assist you in creating a Little Estate Affidavit, or we can assist you in creating and submitting a full probate. You would need to represent yourself at the requisite hearings since Laguna Legal is only a legal document service and not an attorney, but we can assist you with the creation and submission of all the necessary court paperwork.

You must file for probate in order for the court to order the distribution of any real estate (regardless of value) or other assets valued at more than $166,250 that belong to a deceased loved one but are not held in a living trust. If you don’t apply for probate in Dana Point, the assets could be taken by the government or foreclosed upon if there is a loan or tax lien.

Normally, the Dana Point probate procedure takes a full year to complete. Our office will work with your probate referee to prepare and file the Petition for Probate, contact all heirs, set up the necessary publication, and complete the process by submitting a final accounting to the court. After submitting the initial petition, any real estate can normally be sold within 3–4 months.

Real estate (regardless of value), bank accounts, and investment accounts with a value greater than $166,250 are assets in Dana Point that must go through the probate process. A Small Estate Affidavit can usually be used to unlock bank accounts with a value under $166,250. If necessary, Laguna Legal can assist you in creating a Little Estate Affidavit, or we can assist you in creating and submitting a full probate. You would need to represent yourself at the requisite hearings since Laguna Legal is only a legal document service and not an attorney, but we can assist you with the creation and submission of all the necessary court paperwork.