Probate Attorney Glendale CA | 1,000+ Probates Completed | Los Angeles County Probate Lawyer

An executor in California is responsible for managing the deceased person's estate through probate. Key duties include filing the will with the probate court, obtaining letters testamentary, inventorying and appraising estate assets, paying debts and taxes, managing estate property, distributing assets to beneficiaries, and providing a final accounting to the court. The executor must act in the best interests of the estate and beneficiaries, following California Probate Code requirements.

California executor responsibilities include: 1) Filing the petition for probate and will with the court, 2) Obtaining letters testamentary from the court, 3) Notifying all beneficiaries and heirs, 4) Publishing notice to creditors, 5) Inventorying and appraising all estate assets, 6) Managing estate property and investments, 7) Paying valid debts, expenses, and taxes, 8) Selling real estate if necessary, 9) Distributing assets to beneficiaries per the will, 10) Filing final accounting with the court, and 11) Closing the estate. Executors have a fiduciary duty to act in good faith and can be held personally liable for mistakes.

To obtain letters testamentary in California: 1) File a Petition for Probate (Form DE-111) with the superior court in the county where the deceased resided, 2) Attach the original will and death certificate, 3) Pay the filing fee, 4) Attend the probate hearing (typically 30-60 days after filing), 5) The court will issue Letters Testamentary (Form DE-150) if the petition is approved. Letters testamentary give the executor legal authority to act on behalf of the estate, access accounts, sell property, and manage estate affairs. You must take an oath and may need to post a bond unless waived by the will.

In California, executors typically have 12-18 months to settle an estate, though complex estates may take longer. The minimum timeline is about 6 months due to the creditor claim period (4 months from notice publication). Key timeframes: Petition filing (within 30 days of death recommended), court hearing (30-60 days after filing), creditor claims period (4 months after notice published), inventory due (4 months after letters issued), and final distribution (after all debts paid and creditor period expired). Delays can occur due to will contests, estate tax issues, real estate sales, or beneficiary disputes. Executors should work diligently to avoid unnecessary delays that could result in removal.

Yes, an executor can be removed in California for several reasons: 1) Breach of fiduciary duty, 2) Mismanagement or waste of estate assets, 3) Fraud or embezzlement, 4) Failure to perform duties (not filing required documents, not distributing assets), 5) Conflicts of interest, 6) Becoming incapacitated or incompetent, 7) Being convicted of a crime. Any interested party (beneficiary, heir, creditor) can petition the court for removal under California Probate Code Section 8500-8502. The court will hold a hearing and may remove the executor if there is good cause. A successor executor or administrator will then be appointed to complete the probate process.

If an executor is not distributing estate assets in California, beneficiaries have several options: 1) Request a status update in writing, 2) Review the probate file at the courthouse (public record), 3) Demand an accounting under Probate Code Section 10950, 4) File a petition to compel distribution, 5) File a petition to remove the executor for breach of duty, 6) Report executor misconduct to the court. Common reasons for delays include unresolved creditor claims, pending litigation, tax issues, or real estate sales. However, unreasonable delays or refusal to distribute without valid cause is grounds for removal. Executors must act in good faith and cannot unreasonably delay distributions.

To file probate in Los Angeles County: 1) Obtain certified death certificates, 2) Locate the original will if one exists, 3) Complete Petition for Probate (Form DE-111), 4) Complete other required forms (DE-140 if independent administration requested), 5) File documents at LA Superior Court Probate Division (111 N Hill St, Los Angeles or 600 E Broadway, Glendale), 6) Pay filing fee (approximately $465), 7) Court schedules hearing in 30-60 days, 8) Publish notice in local newspaper for 3 consecutive weeks, 9) Mail notice to all heirs and beneficiaries, 10) Attend hearing and receive letters testamentary/administration. Los Angeles County has specific local rules; working with a probate attorney ensures compliance.

Essential California probate forms include: DE-111 (Petition for Probate), DE-121 (Order for Probate), DE-140 (Order for Probate - IAEA), DE-150 (Letters Testamentary/Administration), DE-147 (Duties and Liabilities of Personal Representative), DE-160 (Inventory and Appraisal), DE-161 (Inventory and Appraisal Attachment), DE-165 (Notice of Proposed Action), DE-172 (Final Status Report), and DE-295 (Ex Parte Petition for Final Discharge). Additional forms may be needed for specific situations like selling real estate (DE-260), accounting (DE-160), or small estates (DE-305). All forms are available at courts.ca.gov/forms or from the local probate court.

The Independent Administration of Estates Act (IAEA) in California allows executors to take many actions without prior court approval, making probate faster and less expensive. With IAEA authority (full or limited), executors can sell real estate, distribute assets, pay claims, and make other decisions without a court hearing. Full IAEA authority requires all beneficiaries to consent or be properly noticed. Limited IAEA excludes certain powers. IAEA authority is requested when filing the Petition for Probate (Form DE-140). This is the preferred method for most estates as it reduces delays, court appearances, and legal costs while maintaining accountability through required notices and accountings.

When someone dies without a will in California (intestate), their assets are distributed according to California's intestate succession laws under Probate Code Sections 6400-6455. The court appoints an administrator (not executor) to manage the estate. Distribution depends on surviving relatives: spouse inherits community property and may inherit all or part of separate property depending on other survivors; if no spouse, children inherit equally; if no children, parents inherit; then siblings, then nieces/nephews, then grandparents, and so on. Without any relatives, assets go to the state. The probate process is the same, but following intestacy laws instead of a will. An administrator must be appointed by filing a Petition for Letters of Administration.

California intestate succession determines who inherits without a will: 1) Spouse inherits all community property; for separate property, spouse gets 100% if no children, parents, or siblings, or splits with children if they exist; 2) Children (biological, adopted, sometimes step-children) share equally if no spouse; 3) Parents inherit if no spouse or children; 4) Siblings inherit if no spouse, children, or parents; 5) More distant relatives (nieces/nephews, grandparents, aunts/uncles, cousins) in order of closeness; 6) If no relatives, estate escheats to California. Half-relatives inherit half-shares. This applies only to probate assets - assets with beneficiary designations or in living trusts pass outside intestacy.

A small estate affidavit in California allows heirs to transfer estate assets without formal probate when the total estate value is $184,500 or less (as of 2024). There are two types: 1) Affidavit for Collection of Personal Property (Probate Code 13100) for assets like bank accounts, stocks, personal property - can be used 40 days after death, and 2) Affidavit re Real Property (Probate Code 13200) for real estate valued at $61,500 or less. To use it, complete form DE-305, wait the required time, present the affidavit to the holder of the asset (bank, DMV, etc.) with a death certificate. This avoids the time and expense of full probate, typically taking days instead of months.

To contest a will in California: 1) You must have legal standing (named beneficiary in a prior will, heir under intestacy, or person who would benefit from contest), 2) File a Will Contest petition before the court admits the will to probate or within 120 days after the will is admitted, 3) State valid grounds: lack of testamentary capacity, undue influence, fraud, forgery, improper execution, or revocation, 4) The burden of proof is on the contestant to prove the claim, 5) Discovery and investigation of circumstances surrounding will creation, 6) Trial or settlement. Time limits are strict - you must act quickly. Will contests are complex; hire an experienced probate litigation attorney. If successful, the will may be invalidated in whole or part, and prior wills or intestacy laws apply.

Undue influence in a California will contest occurs when someone exerts excessive pressure or manipulation on the testator, overpowering their free will and causing them to make a will they wouldn't have made otherwise. California Probate Code Section 86 defines it as pressure that overcomes free will. Evidence includes: 1) Confidential relationship between influencer and testator, 2) Active participation in procuring the will, 3) Unnatural disposition (excluding natural heirs), 4) Testator's vulnerability (age, illness, mental weakness), 5) Isolation from family, 6) Sudden changes to estate plan favoring influencer. Common in cases involving caregivers, new romantic partners, or family members who isolated the deceased. If proven, provisions benefiting the influencer may be invalidated.

Executor misconduct in California includes: 1) Stealing or embezzling estate assets, 2) Self-dealing (buying estate assets for personal benefit), 3) Commingling estate funds with personal accounts, 4) Failing to preserve or protect estate property, 5) Making risky investments, 6) Failing to file required tax returns, 7) Not notifying beneficiaries or creditors, 8) Unreasonable delays in administration, 9) Favoring some beneficiaries over others, 10) Refusing to provide accountings, 11) Unauthorized distributions. Executors owe fiduciary duties of loyalty, care, and impartiality. Misconduct can result in removal, surcharge (personal liability for losses), denial of executor fees, and criminal prosecution in severe cases. Beneficiaries can petition court to remove executor and recover damages.

California beneficiary rights include: 1) Notice of probate proceedings, 2) Copy of the will, 3) Opportunity to object to executor appointment, 4) Request and receive accountings showing all estate transactions, 5) Object to executor actions or proposed distributions, 6) Petition to compel executor performance of duties, 7) Petition to remove executor for cause, 8) Contest the will if grounds exist, 9) Receive their inheritance per the will or intestacy, 10) Information about estate administration, 11) Timely distribution of assets. Beneficiaries can hire their own attorney to protect their interests. Executors must act in beneficiaries' best interests and keep them reasonably informed. Violations can result in executor removal and personal liability.

To transfer a house after death in California: 1) If in a living trust: trustee records Affidavit of Death of Trustee and new deed transferring to beneficiaries, 2) If joint tenancy: survivor records Affidavit of Death of Joint Tenant, 3) If community property with right of survivorship: surviving spouse records spousal property petition or affidavit, 4) If in deceased's name alone and estate under $61,500: Affidavit re Real Property of Small Value, 5) If valuable estate requiring probate: obtain court order for distribution after full probate, get letters testamentary, then record deed. Each method requires recording documents with the county recorder along with death certificate. Property taxes and reassessment considerations apply. Consult a probate attorney to determine the correct transfer method.

To sell probate real estate in California: 1) Executor/administrator must have letters and authority to sell (IAEA preferred), 2) Hire a real estate agent experienced in probate sales, 3) Get property appraisal or broker price opinion, 4) List property for sale at fair market value, 5) Accept offer and open escrow, 6) With full IAEA authority: give notice of proposed action (15 days) and close if no objections, 7) Without IAEA: file petition for court confirmation, notice hearing, attend confirmation hearing where court approves or takes overbids, 8) After court approval or IAEA period expires: complete sale and deposit net proceeds into estate account. Sale commissions and expenses are estate expenses. All proceeds go to the estate for distribution per will or intestacy.

To transfer a vehicle title after death in California: 1) If vehicle value under $184,500 and no probate: Complete Affidavit for Transfer Without Probate (Form REG 5), attach certified death certificate, provide proof of heir/beneficiary status, submit to DMV with title and fees, 2) If probate required: Obtain letters testamentary/administration and court order for distribution, complete standard title transfer with DMV, 3) If joint owners with right of survivorship: Surviving owner completes title transfer with death certificate, 4) If payable-on-death registration: Beneficiary presents death certificate and identification. Wait 40 days from death to use affidavit method. DMV forms and current fees apply. Vehicle must be registered in California.

What happens to bank accounts after death in California depends on account type: 1) Payable-on-Death (POD) accounts: Pass directly to named beneficiaries outside probate upon presenting death certificate, 2) Joint accounts with right of survivorship: Pass to surviving account holder, 3) Trust accounts: Pass per trust terms to beneficiaries, 4) Individual accounts with no beneficiary: Frozen upon death, require probate or small estate affidavit to access, 5) If total individual accounts under $184,500: Heirs can use small estate affidavit 40 days after death, 6) Larger estates: Executor with letters testamentary can access and manage. Banks require death certificate and proper legal authority. Always inform banks promptly of death to prevent fraud and unauthorized access.

Probate litigation in Los Angeles involves court disputes over estate administration, including: will contests (challenging validity due to undue influence, lack of capacity, fraud, or improper execution), trust contests, removal of executors or trustees for misconduct, beneficiary disputes over asset distribution, creditor claims disputes, accounting disputes, elder financial abuse claims, conservatorship disputes, and interpretation of will or trust provisions. Los Angeles Superior Court Probate Division handles these cases. Probate litigation is complex, time-consuming, and expensive, often requiring expert witnesses, discovery, and trials. Common in high-value estates or family conflicts. Mediation is often required before trial. Hire experienced probate litigation attorney familiar with LA County procedures and judges.

A Spousal Property Petition (Probate Code Section 13500) allows a surviving spouse in California to transfer assets to themselves without full probate when the deceased spouse left all assets to the surviving spouse or when assets are community property. Use Form DE-221. Benefits: faster than full probate (hearing in 30 days), less expensive, simplified process. Can be used for all types of assets including real estate, bank accounts, vehicles, and personal property. Requirements: 1) Petitioner must be surviving spouse, 2) At least 40 days since death, 3) Assets pass to spouse under will or by operation of law, 4) No one else has been appointed representative. Court issues order confirming property to surviving spouse, which is recorded to transfer title. Excellent alternative to lengthy probate for surviving spouses.

In California, the deadline to contest a will is strict: you must file your will contest before the will is admitted to probate OR within 120 days after the will is admitted to probate, whichever is later (Probate Code Section 8226). If you have legal standing and grounds to contest, it's critical to act quickly. The 120-day period begins when the court admits the will and appoints the executor. After this deadline, you generally lose the right to contest except in rare circumstances (like later-discovered fraud or forgery). If you believe a will is invalid, consult a probate litigation attorney immediately. Delays can be fatal to your case. The court may allow contests after the deadline only in exceptional situations.

California probate costs are set by statute based on estate value. Attorney and executor fees are each: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% above $10 million. For a $500,000 estate, statutory fees are $13,000 each for attorney and executor ($26,000 total). Additional costs include court filing fees ($465), publication costs ($300-$500), bond premiums (if required), appraisal fees, and accounting fees. Total probate costs typically range from 4-7% of the gross estate value. Extraordinary services (litigation, tax disputes, business sales) add extra fees. This is why living trusts that avoid probate save significant money - a trust costs $1,000-$2,000 versus $26,000+ in probate fees.

Probate in Los Angeles County typically takes 9-18 months for straightforward cases, though complex estates can take 2+ years. The timeline includes: petition filing and hearing (30-60 days), creditor claim period (minimum 4 months from notice publication), inventory and appraisal (4 months from letters issued), claims resolution and asset liquidation (varies), final accounting and distribution (after creditor period ends), and closing (1-2 months after final distribution). Delays occur due to will contests, creditor disputes, tax issues, real estate sales, beneficiary disagreements, or executor delays. LA County court calendars can add time. Independent Administration (IAEA) speeds the process by reducing required court hearings. Complex estates with business interests, tax disputes, or litigation take substantially longer.

No, not all estates require probate in California. Probate is NOT needed for: 1) Assets in a revocable living trust (most common probate avoidance method), 2) Jointly owned property with right of survivorship, 3) Community property with right of survivorship, 4) Payable-on-death (POD) or transfer-on-death (TOD) accounts, 5) Life insurance and retirement accounts with named beneficiaries, 6) Small estates under $184,500 (small estate affidavit instead), 7) Assets passing via spousal property petition. However, probate IS required for assets in the deceased's name alone without these arrangements. Most California homeowners need probate unless they created a living trust, as median home values exceed the $184,500 small estate threshold. Proper estate planning with trusts and beneficiary designations avoids probate entirely.

Probate is court-supervised estate administration for assets in deceased's name alone; trust administration is non-court successor trustee management of trust assets. Key differences: Court involvement (probate requires extensive court filings and hearings; trust administration is private with no court), Timeline (probate takes 9-18+ months; trust administration takes weeks to months), Cost (probate costs 4-7% of estate; trust administration costs 1-3%), Privacy (probate is public record; trusts remain private), Complexity (probate has strict procedures and deadlines; trusts are more flexible), and Control (probate follows court rules; trust follows trust terms). Trust administration still requires notices to beneficiaries, asset valuations, debt payments, and accountings, but without court supervision. This is why living trusts are preferred - they provide control, privacy, and efficiency while avoiding probate costs and delays.

Yes, several methods avoid probate without a living trust in California: 1) Joint tenancy with right of survivorship - property automatically passes to surviving co-owner, 2) Community property with right of survivorship (married couples only), 3) Transfer-on-death (TOD) deeds for real estate, 4) Payable-on-death (POD) designations on bank accounts, 5) Named beneficiaries on life insurance, retirement accounts (401k, IRA), and investment accounts, 6) Small estate affidavit for estates under $184,500, 7) Spousal property petition for surviving spouses. However, each method has limitations and potential problems. Living trusts provide comprehensive probate avoidance, incapacity planning, control over distributions, and flexibility that other methods don't. For most California homeowners, a living trust is still the most effective probate avoidance strategy.

If an executor steals from a California estate (embezzlement or conversion), serious consequences follow: 1) Removal from executor position, 2) Surcharge - personal liability to repay stolen amounts plus interest, 3) Denial of executor compensation, 4) Criminal prosecution for theft, embezzlement, or elder financial abuse, 5) Civil lawsuit for damages, 6) Beneficiaries can file petition to remove and surcharge executor. Evidence needed includes: missing assets, unauthorized withdrawals, transfers to executor or family, commingled funds, or failure to account. Beneficiaries should act quickly: review estate accounts, demand accounting, file removal petition, report to District Attorney if criminal, and freeze accounts if possible. Courts take executor theft seriously and will impose harsh penalties. Victims may recover attorneys' fees. Executors who steal face both civil and criminal liability.

California executor compensation is statutory based on estate value (Probate Code Section 10800): 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million, and reasonable amount above $25 million. For a $500,000 estate, compensation is $13,000. For a $1 million estate, it's $23,000. This is for ordinary services. Executors can request additional compensation for extraordinary services like managing a business, handling litigation, tax disputes, or especially time-consuming estates - court must approve extraordinary fees. Executors can waive compensation (common for family members to reduce estate taxes). Compensation is taxable income to executor. Multiple executors divide the total fee. Compensation is separate from reimbursement of actual expenses.

Yes, family members can be paid for probate work in California under certain conditions: 1) If appointed executor/administrator - entitled to statutory compensation, 2) For extraordinary services beyond normal executor duties (business management, extensive property maintenance, litigation assistance) - must petition court for approval and prove work was necessary and compensation reasonable, 3) For professional services at their normal rates if they're licensed professionals (accountant, real estate agent, appraiser) - must be approved by court and arms-length, 4) Reimbursement for actual out-of-pocket expenses with receipts. However, beneficiaries doing normal assistance (cleaning house, sorting papers, attending hearings) are typically not compensated separately - that's considered part of beneficiary responsibility. Any family member compensation beyond statutory executor fees requires court approval and must be reasonable and necessary. Courts scrutinize family payments to prevent estate depletion.

California probate referees are court-appointed appraisers who value estate assets. Fees are set by statute at 0.1% (one-tenth of one percent) of the appraised value of assets they appraise, with a $75 minimum per estate (Probate Code Section 8960). For a $500,000 estate, the referee fee is $500. Referees appraise real estate, business interests, personal property, collectibles, and other assets requiring professional valuation. They don't appraise assets with readily ascertainable values like bank accounts, stocks, bonds, or vehicles. The executor selects the referee from the court's approved panel. Referee fees are estate expenses paid from estate funds. The referee provides a formal Inventory and Appraisal that must be filed with the court within 4 months of receiving letters. Accurate appraisals are critical for estate tax purposes and proper distribution.

California probate creditor claims process: 1) Executor publishes Notice to Creditors in local newspaper for 3 consecutive weeks, 2) Executor mails notice to known creditors, 3) Creditors have 4 months from first publication OR 60 days from mailing of notice, whichever is later, to file claims, 4) Creditors file Creditor's Claim form (DE-172) with probate court and serve copy on executor, 5) Executor has 30 days to allow or reject claim, 6) If rejected, creditor must sue within 90 days or claim is barred, 7) If allowed, executor pays from estate assets in priority order: administration costs, funeral expenses, secured debts, taxes, medical expenses, then general unsecured debts. Late claims filed after deadline are generally barred. Executors should carefully review all claims for validity before paying. Disputed claims may require court hearing.

A Notice of Proposed Action (NOPA) under California Probate Code Section 16502 is used by executors with Independent Administration authority to notify beneficiaries of significant actions before taking them. Common uses include: selling real estate, distributing assets, borrowing money, continuing or selling a business, or making other important estate decisions. The executor sends Form DE-165 to all beneficiaries and heirs describing the proposed action. Recipients have 15 days to object. If no objections, executor can proceed. If someone objects, executor must either abandon the action or petition court for approval. NOPA streamlines probate by allowing many actions without court hearing, saving time and legal fees. However, executor must wait the full 15-day period before acting. Some actions still require court approval even with IAEA authority.

An executor can live in the deceased's house during California probate only under specific circumstances: 1) If executor is also a beneficiary who inherited the house and other beneficiaries consent, 2) If the will specifically allows it, 3) If executor pays fair market rent to the estate, 4) If living there is necessary to maintain/protect the property. However, executors cannot: move into the house rent-free for personal benefit (self-dealing), exclude beneficiaries who have equal rights, prevent sale if sale is needed to pay debts, or damage beneficiary interests. Rent-free occupancy without authorization is breach of fiduciary duty and grounds for removal and surcharge. If executor needs to live there, they should: pay rent at fair market rate to estate, get beneficiary consent in writing, or petition court for approval. Courts scrutinize executors who benefit personally from estate assets.

California family allowance (Probate Code Sections 6540-6545) provides money from the estate to support the deceased's surviving spouse and minor children during probate. The court determines a reasonable allowance based on: family's previous standard of living, estate size and liquidity, and family needs. The allowance is payable from estate assets and has priority over most other claims. It can continue for up to one year from death (longer if needed). Common amounts range from $2,000-$10,000+ per month depending on circumstances. The surviving spouse or guardian petitions the court for allowance on Form DE-172. No allowance is needed if surviving spouse has adequate separate income/assets or if estate is community property passing to spouse. Family allowance is in addition to spouse's inheritance rights. Purpose is to prevent hardship while probate proceeds.

No, you cannot be forced to serve as executor in California. Being named executor in a will does not obligate you to serve. If you don't want the position, you can: 1) Decline nomination by not petitioning for probate and filing a declination, 2) Renounce the position in writing filed with the court, 3) Resign after appointment if circumstances change. Valid reasons to decline include: too time-consuming, too complex, conflicts with beneficiaries, health issues, lack of knowledge, distance, or uncomfortable managing estates. If primary executor declines, successor executors named in the will are next in line. If no one is willing or available, interested parties can petition for court-appointed administrator. There is no penalty for declining executor position. It's better to decline than serve poorly or neglect duties, which could result in personal liability.

California executors must notify beneficiaries within specific timeframes: 1) Notice of Petition to Administer Estate must be mailed to heirs and beneficiaries at least 15 days before the probate hearing, 2) After letters are issued, executor must mail Duties and Liabilities of Personal Representative (Form DE-147) to all beneficiaries and heirs within 90 days, 3) Notice to Creditors must be published and mailed within 4 months of letter issuance, 4) Inventory and Appraisal must be mailed to beneficiaries within 4 months of letters. Failure to properly notice beneficiaries can result in delayed proceedings, removal, or personal liability. Beneficiaries have right to notice of all significant actions and court hearings. Executor should maintain proof of mailing (certified mail return receipts) for all notices. Late or missed notices extend statutory deadlines and can restart claim periods.

When someone dies in California, their debts don't disappear - they become estate obligations: 1) Secured debts (mortgages, car loans) - must be paid or creditor can foreclose/repossess, lien stays with property, 2) Unsecured debts (credit cards, personal loans) - creditors must file claims in probate within 4 months or be barred, 3) Priority debts (taxes, medical expenses) - paid before general creditors, 4) Joint debts - surviving co-borrowers remain liable, 5) Authorized user/community property state rules - spouse may be liable for some debts. Debts are paid from estate assets in priority order before distribution to beneficiaries. If estate is insolvent (debts exceed assets), creditors receive pro-rata shares and beneficiaries get nothing. Family members are NOT personally liable for deceased's debts unless they co-signed or it's community debt. Executor should never pay creditors with personal funds.