San Fernando Valley Probate Attorney 

If you’re an executor, personal representative, or estate administrator in San Fernando Valley, CA and the estate assets qualifying for probate are sufficiently large (i.e., over $100,000 maintained outside of an appropriate trust), then in all likelihood, such assets will have to go through probate in order to close out the estate.

Here at the Law Offices of Darrell C. Harriman, I can assist you with all aspects of the probate administration process, from verifying the Will, to identifying the necessary estate assets, to notifying creditors and beneficiaries, and more.

What Is Probate?

In California, probate is a court-supervised legal proceeding in which the deceased person’s estate (and various matters relating to their estate and estate assets) is fully evaluated and “closed out,” so to speak. As a formal, court-supervised process, probate can be quite costly — both from a financial and a time perspective — and in many situations, it may be preferable if the probate process can be avoided altogether. During the estate planning stage, many people therefore establish probate-avoiding structures (such as trusts) to ensure that their assets do not get locked up in an extensive probate process.

Probate also allows beneficiaries contest the probate, or the Will. This can lead to further delays and may create an even more emotionally challenging atmosphere for the remaining beneficiaries. By contrast, trusts often include “no contest” clauses that prevent beneficiaries from contesting the distribution of assets, except in very limited circumstances.

Even if trusts have been created, some portion of the estate assets may still have to go through probate if there are a significant amount of funds that have not been moved into probate-avoiding device, such as a trust, joint tenancy agreement, or transfer-on-death account. In California, “summary probate” — a quicker and less comprehensive form of probate — may be available if the estate assets tally less than $100,000.

The California Probate Process at a Glance

As the executor or administrator of the estate, or as the personal representative of the deceased, you may not be entirely confident as to whether the estate should go through probate in California. It is important that you get in touch with a qualified probate attorney as soon as possible.

Your attorney will first determine whether the estate is organized such that it must go through probate. If probate is necessary, a petition will be submitted to the probate court in the applicable county.

Under the supervision of a probate court, your San Fernando Valley probate attorney will: