Is Probate Required?
Our Attorneys Understand Open Probate Without a Will in Los Angeles
For California families with loved ones who pass away, navigating the court system can be challenging, especially if they died without a will. Probate judges undergo a separate court process that contrasts regular asset distribution, where personal and estate items are distributed according to a living trust. When you enter into open probate without a will in Los Angeles, it can be taxing as you grieve the loss of a close family member at the same time.
Our experienced team at The Legacy Lawyer has walked with hundreds of past clients through their unique probate circumstances. We understand your family is enduring tremendous pain during this overwhelming time and are here to support you with our legal expertise, even without a will.
What is Los Angeles Probate?
Probate is a term that refers to the process that occurs in the courtroom after an estate-owning person passes away. Their will, written in detail with beneficiaries and heirs in mind, determines who receives which personal property and how much they gain. Judges will also portion capital from the deceased's existing bank account.
For cases in California where a testator never wrote a will or their personal will was considered invalid, future probate proceedings involve family members and a judge. Los Angeles probate determines the loved one's estate assets values and beneficiaries while managing their previous debt and other financial duties.
Testate and Intestate Successions for Probate
When a judge hears California families for open probate without a will in the courtroom, they will refer to the case as testate or intestate, determining how they pass real property.
Testate is when there is an active, legal will involved with real estate that cannot be challenged unless parties contest it for fraud or other reasons. Whatever the terms and conditions of the loved one’s will are, the judge carries them out, and listed beneficiaries will receive their due.
On the other hand, intestate cases deal with situations where no will exists for a particular person or their personal will was unacceptable by California probate courts. Legal professions may ask Los Angeles families if their spouse, child, etc. had a “dying intestate” or if the person died without a will.
Los Angeles Probate Benefits for No Will
Los Angeles families that decide to pursue probate court for their no will estate case rather than handle it on their own will experience several crucial benefits.
Namely, their experienced probate lawyer will give them relief and time to grieve while they process their loved one’s loss. When California residents have someone close that dies, the last thing they wish to deal with are probate court intricacies and state legal codes. An experienced probate lawyer will create simplified procedures that minimize their involvement to process the deceased person’s death.
Another key positive for open probate without a will is that severe family disputes over estate and personal assets will be solved. The judge will step into the situation and make final decisions about who receives which properties while a probate lawyer prioritizes a party’s best interests.
The Job of Los Angeles Courts
California state law empowers Los Angeles courts to distribute assets, with or without a will, and manage the financial responsibilities of the deceased. With legal authority sanctioned by the Constitution, local probate can decide which heir has the power of attorney, or leadership to carry out someone’s will. Also, they are able to identify community property and transfer it to the spouse.
For example, Washington, like many other states, directs surviving spouses with the power of attorney and defers to a child if the spouse is not present. There are exceptions to this probate trend where some states will give control of a person’s will to a different close family member and even demand residency requirements to become an estate administrator.
Beginning Los Angeles Probate Without a Will
Los Angeles residents can begin the probate process with an experienced estate lawyer by filing a petition to the court system within the deceased’s county. They would fill out several forms required by the court, including a death certificate that signifies the court’s permission to intervene.
The filer must notify all descendants and interested parties of a loved one so they can participate in the case and receive their rightful inheritance. However, the ruthless legal battles ahead over estates are not worth it to fight alone unless supported by an understanding attorney that can support you.
Consult with Empathetic, Knowledgeable Lawyers
The Legacy Lawyers are a force of probate attorneys that have personal and legal understanding of open probate cases without a will. We have faithfully served Los Angeles and surrounding counties by genuinely caring about you and your family, assisting with our expertise to help you win in court.
It would be our pleasure to work with you on a consultation to assess the complexities of your probate situation and be your personal representative on your case. Call our office at 310.818.7927 to schedule an appointment today so you can find relief during a loved one’s death.
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