Probate in Los Angeles County, Explained for Arcadia Families

Probate is the court process that transfers a person’s property after death when that property was not placed in a trust or does not pass automatically to someone else. For Arcadia families, probate is handled by the Los Angeles County Superior Court and usually takes a year or more from start to finish.

When probate is required

Probate is generally needed when the person who died owned property in their own name, with no living trust, no surviving joint owner and no named beneficiary, and the value is above California’s small-estate limit. That limit is adjusted every few years, so check the current figure. Accounts with payable-on-death or beneficiary designations, joint tenancy property and trust assets usually avoid probate.

The main steps

1. File a petition with the Superior Court to open the estate and ask the court to appoint an executor or administrator.
2. Publish notice and notify heirs and beneficiaries.
3. Receive letters from the court giving the executor authority to act.
4. Inventory and appraise the property.
5. Notify creditors and pay valid claims. Creditors generally have four months after letters are issued to file claims.
6. Pay final bills and taxes, then ask the court to approve distribution to the heirs.

How long it takes

A simple estate in Los Angeles County often takes nine to eighteen months. Disputes, real estate sales or missing heirs can make it longer.

What it costs

California sets statutory fees for the executor and the attorney based on the value of the estate, plus court filing fees, publication costs and probate referee fees. Because the fees are tied to the gross value, a house with a large mortgage can still produce significant fees. This is one reason many Arcadia and San Marino homeowners use living trusts.

If a will exists

Anyone who has the original will must deliver it to the Superior Court within 30 days after learning of the death. A will does not avoid probate; it tells the court who should receive the property and who should serve as executor.

Getting help

We help families from Arcadia, San Marino, Temple City and nearby cities open and complete probate. See our probate attorney in Arcadia page, or plan ahead with estate planning in Arcadia.

Talk to an attorney in Arcadia. Free consultation at 255 E Santa Clara St, Suite 210, Arcadia, CA 91006. Call (626) 593-1558 or use the form below.

This article is general information, not legal advice for your situation.