Top Irvine Probate Attorney
Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person.
Assets are anything a person owns with value, such as real and personal property and cash, for instance. Grieving the loss of a loved one is difficult enough without having to also deal with the legalities of their estate. Most people’s estates need to go through probate, which is the legal process of settling the estate. If someone dies with a will and has named a personal representative, often called an executor, this person will be responsible for administering the estate. If someone dies without a will or did not appoint a personal representative in the will, the probate court will appoint one.
It is essential to work with an experienced legal team to protect your interests and help you through the estate administration process. The Irvine probate lawyers at Irvine Probate Law understand that the role of an estate administrator can be complex and demanding. Our Irvine Probate Attorneys are committed to providing thorough, personalized representation through every step of the process. At Irvine Probate Law, we provide sound counsel and guidance throughout the entire administrative process from the appointment of the executor through the final closing of the estate.
Working With an Irvine Probate Attorney Includes
♦ Preparing the estate – before an estate’s assets can be distributed, it is essential to clear up the estate. Our attorneys will help estate administrators clear titles, satisfy creditors, pay expenses, collect debts and organize the assets of the estate.
♦ Determining heir-ship – with a valid will, the heirs should be determined with clarity. However, some estate plans are not as clear as an estate administrator would hope, and other estates do not have valid wills. The attorneys at Irvine Probate Law have the legal knowledge and experience to determine the appropriate heirs.
♦ Distribution of property – distributing the appropriate assets in the correct manner to the estate’s heirs.
♦ Probate hearings – representing and helping you throughout the various hearings that can be required throughout the process.
♦ Estate tax elections and filings – it is essential to pay any taxes within nine months of the date of death. Our attorneys can help you choose the appropriate elections and file the appropriate tax forms to complete the estate administration process.
The trust & estates lawyers in Irvine at Irvine Probate Law represents clients in all manner of probate cases. We provide families and individuals with the legal representation and counsel they need to protect their interests during probate litigation proceedings. In addition, we offer the legal services an individual will need to protect themselves, their assets and provide for their loved ones in the future.
Do I Need An Irvine Probate Attorney?
When a loved one passes on, it is likely that some or all of his or her estate will have to pass through probate. The probate process can be complicated and time-consuming. However, our probate attorney, Irvine Probate Law, can review the estate and advise you as to the most efficient and economic manner to transfer property to the rightful heirs. You can rely on us to inform you of all your options to administer and distribute the estate.
Unfortunately, if someone you love passes away, you most likely already have more than enough to handle with the planning of services, informing family and friends and not to mention, grieving your terrible loss. The last thing you need to have to worry about at this point is managing a complicated legal process that can leave people maxed out in terms of stress and confusion. As difficult as it may be, one of the first people you should contact is a probate attorney in Irvine.
When you hire Irvine Probate Law you will receive the following benefits:
♦ You will work with a compassionate probate lawyer who has an advanced law degree (JD + LLM).
♦ Irvine Probate Law personally meets with you to understand and oversee your case. Other firms have a paralegal or intake person.
♦ We handle all necessary court appearances and reduce costs with Courtcall.
♦ As a probate attorney we are dedicated to keeping you, “in the loop” and we always communicate well.
♦ An award-winning probate attorney. Irvine Probate Law is a top-rated lawyer by Martindale-Hubbell for exceptional practice of law. She is included in the list of Superlawyers for outstanding achievement, and has won many presidential honors.
♦ California probate law can be messy, and navigating it on your own can be time-consuming. Our expert representation helps you avoid problems and costly mistakes. Probate lawyer Irvine Probate Law is a Certified Specialist in Estate Planning, Trust and Probate Law by the State Bar of California Board of Legal Specialization.
Less than 1 percent of all attorneys in California are certified probate specialists.
But if you’re going to navigate California probate law, you’ll want an expert by your side.
Our Probate Law Services
Irvine Probate Law helps executors and administrators requiring appointment by the probate court.
Once you appoint us as your probate attorney, we then offer the following probate service:
♦ Publish and bond your estate
♦ Protect assets through the process and assist to value assets
♦ Prepare inventory, collect and value assets
♦ Pay the required expense of the estate as well as taxes and debts
♦ Communicate all beneficiary concerns
♦ Give notice to creditors and resolve issues such as creditor claims
♦ Sell property, file an accounting, final distribution of the assets
Probate can be an expensive process, often taking a year or longer. California probate law is composed of a large volume of statutes, and is also influenced by prior court cases at the national and state levels. As an experienced probate attorney, whenever possible we work together to reduce the chance of litigation. There are many codes and cases, as well as new and updated laws, so we advise you to hire a lawyer whose sole focus is on probate laws in California, rather than a general practitioner.
Save Costs With Probate Planning
To eliminate the high cost of any probate service it is necessary to plan properly, which means if you’re a homeowner, do estate planning now to take care of your family for the present and future!
A probate attorney in Irvine such as Irvine Probate Law can help you plan your estate properly such that you may be able to avoid some of the costs associated with probate courts in the state. Just one of those costs involves the legal fees, which are set out by state law in California. Take a look below at what your family may wind up paying if you don’t take the basic steps necessary to plan your estate ahead of time:
4% of the first $100,000 of the gross value of the probate estate
3% of the next $100,000
2% of the next $800,000
1% of the next $9 million
.5% of the next $15 million
A reasonable amount (determined by the court) for any amounts higher than $25 million
These numbers may not mean much on the surface, but what this means is that if a person passes away with an estate worth $1 million, the probate services from an attorney would cost $23,000. That’s because the legal fees would total as follows:
First $100,000 – $4,000
Next $100,000 – $3,000
Next $800,000 – $16,000
In addition, the value of the estate is viewed from the gross value of the assets. That means that, for instance, if the person who passes away owns a home that’s worth $800,000 but he or she still owes $400,000 on that property, the value of that asset in the probate estate would remain at $800,000. In effect, the debt on that property does not exist.
Typically, a probate attorney in Irvine charges the fee set out by statute, which means that it’s customary for a probate specialist attorney to be paid these fees from the estate before it’s settled. It’s worthwhile to at least find out if any of this could be avoided before it all comes to pass.
When you require a probate attorney or professional guidance with a probate service in Irvine County or the San Fernando Valley please contact us at 818-676-9572 for a free consultation.
Your Loved One Just Passed, Now What?
We urge you to please give us a call. We offer emotional comfort with a simple explanation of what must be done immediately and what you can handle at a later date after you have had some grieving time and are feeling better from the tremendous loss of a loved one.
Some cases involve individuals who may have an interest in, or want to make a claim against, an estate. This is where California probate law and related administration of the estate must be strategically handled.
Our expertise in California probate law provides a thorough understanding of responsibilities for executors, administrators and personal representatives. Irvine Probate Law has over 25 years of handling California probate law cases. In addition she was a Southwestern Law School law professor who taught students all aspects of probate laws in California. Attorney Salvo has been the featured speaker at approximately 250 live seminars on California probate law for over 12,500 people.
No situation like this is ever easy, as it obviously involves the death of a loved one. That’s difficult enough to handle for anyone, but having to go through the probate process, regardless of your position in that regard, is only going to add stress, time and expense to the entire process.
Not to mention, the lack of clarity in an estate with no plan or a less-than-detailed plan only opens the possibility of conflict between family members. This can be a devastating situation for everyone involved as well, and one that’s clearly best handled by a probate attorney in Irvine who understands the volatility of these circumstances.
Need help with any type of probate service? We have an excellent track record that can benefit you regarding all facets of probate laws in California. Probate attorney Irvine Probate Law is a Irvine estate administration lawyer with a reputation for being through and knowledgeable. Call or use our online contact form to schedule a meeting.
Utilizing The Best Irvine Probate Attorneys
When someone dies, with a will or intestate (without a will), the estate must pass through a probate proceeding prior to distribution to heirs. Probate serves four functions:
♦ Provides a process for filing and validating a will
♦ Takes care of any outstanding debts and taxes that must be paid prior to distribution of the estate to heirs
♦ Uses a will to determine how the remaining assets should be distributed and, if no will exists, distributes assets based on formulas provided by California law
♦ Provides a forum whereby anyone with valid claims can contest the will for a variety of reasons
♦ Probate attorneys in Irvine – How the Probate Process Works
Probate in Irvine can be a very simple process, provided the estate is not complicated and there are no outstanding debts to consider. In these cases, the executor files a petition to schedule a hearing of the will in probate court. Prior to the hearing, the filing is publicized to allow interested parties to attend. During the hearing, the court reviews the will and, if there are no contests, disputes or other complications, all assets are cleared for transfer to the named heirs.
Considerations that Complicate Probate Litigation
A number of issues can make the probate process considerably more complex:
Outstanding debt or taxes: When outstanding debt forces the court to liquidate certain assets to repay creditors, it must then find ways to distribute the remaining assets in the most logical manner to uphold the wishes of the deceased
Will contests: California law defines specific legal grounds as the basis for declaring a will to be invalid. Once the will is determined to be invalid, the court must then determine how to distribute the assets of the estate. If no other will can be shown to be valid, the court must proceed as if the individual died without a will
No will: California law provides specific formulas and other considerations to be used to determine how an estate should be distributed when no will is in place
When you Need a Irvine Probate Attorney
In the ideal situation, individuals retain a Irvine probate law firm when they are ready to start estate planning by writing a will or trust. Clearly, a Irvine probate attorney experienced in the probate process can create documents that are less likely to go into probate litigation in Irvine.
Typically, Irvine Probate Attorneys assist executors in the probate process. Similarly, anyone who needs to contest a will in probate should engage a skilled attorney, as well. The probate attorneys at Irvine Probate Law are well-versed in the specific codes and strategies pertaining to the Irvine laws governing probate.
To schedule a consultation to discuss your case, contact Irvine probate attorney at Irvine Probate Law today.
Who inherits if no will?
Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession laws; unmarried partners, friends, and charities get nothing. If the deceased person was married, the surviving spouse usually gets the largest share. … To find the rules in IRVINE, see Intestate Succession.
I need a probate attorney for a home in the 92650 area, can Irvine Probate Law help?
Yes, our Irvine Probate Attorney will he glad to help you, call now.
Is it illegal to withdraw money from a deceased person’s account?
Remember, it is illegal to withdraw money from an open account of someone who has died unless you are the other person named on a joint account before you have informed the bank of the death and been granted probate. This is the case even if you need to access some of the money to pay for the funeral.
We need a probate attorney in Irvine, 92637. Can your probate attorney help?
Irvine Probate Law would be glad to assist your probate attorney needs.
How do you avoid probate?
Have a small estate. Most states set an exemption level for probate, offering at least an expedited process for what is deemed a small estate. Give away your assets while you’re alive. Establish a living trust. Make accounts payable on death. Own property jointly.
Can Irvine Probate Law help me in the 92623 area?
Irvine Probate Law will happily help probate your property, call us ASAP.
How much does probate cost?
Since probate proceedings can take up to a year or two, the assets are typically “frozen” until the courts decide on the distribution of the property. Probate can easily cost from 3% to 7% or more of the total estate value.
Can Irvine Probate Law help us in the the zip code of 92620?
Irvine Probate Law will gladly help you in the 92620 area of Irvine, CA.
Can a bank release funds without probate? Banks should (and do) have processes in place for releasing funds without a Grant, such as requiring copies of the death certificate, a certified copy of the will, or sight of the executor’s ID. However, this is by no means foolproof. Another concern is the relaxed approach banks seem to take with probate attorneys and law firms.
I have a need for an Irvine Probate Attorney, who is the best?
We firmly believe that Irvine Probate Law is the Top probate law firm, call us today!
How do you know if probate is necessary?
When there is no will. If you don’t have a will, your estate will wind up in probate. When there are problems with existing will. When there are no beneficiaries. When it’s needed to carry out the valid will.
Can Irvine Probate Law help me with a probated property in the 92618 area?
Yes, our Irvine Probate Attorney will be glad to help you!
What happens to bank account when someone dies?
Closing a bank account after someone dies The bank will freeze the account. The executor or administrator will need to ask for the funds to be released at the time it takes to do this will vary depending on the amount of money in the account.
Can Irvine Probate Law help my family with a home in the 92617 zip code?
Yes, Our Irvine Probate Attorney can help you, call us today!
What happens to property when someone dies without relatives?
If no relatives can be found, the entire estate goes to the state. Usually, only spouses, registered domestic partners, and blood relatives can inherit under intestate laws. Unmarried partners, friends, and charities get nothing.
I wish to avoid probate on a property in the 92616 area, do you have a probate attorney that can help?
Irvine Probate Law can definitely help you with avoiding probate.
What happens to bank account when someone dies without beneficiary?
If someone dies without a will, the money in his or her bank account will still pass to the named beneficiary or POD for the account. The executor has to use the funds in the account to pay any of the estate’s creditors and then distributes the money according to local inheritance laws.
I need a probate attorney for a property in 92614, can your probate lawyers help?
Yes, Irvine Probate Law, will be happy to help you probate your properties.
I need the best probate attorney for a home in the 92612 area, can you provide legal assistance?
Yes, Irvine Probate Law will be excited to help you with the probate of your property.
How long do you have to file probate after death?
Each state defines its own filing deadline, but it typically ranges from 30 days to three months. If you don’t have the will but you know who does, you can ask the court to compel that individual to file the will and begin the probate process.