Moravec Varga & Mooney

Introduction When someone passes away, their last will often becomes the focal point of estate planning and asset distribution. But a...

Filing for probate in California without a lawyer—a process known as pro per or self-representation—is entirely possible, though it requires careful attention to detail. By understanding the probate process and following the steps outlined below, you can successfully manage the probate of a loved one’s estate without legal representation although it will be time-consuming and filled with delays. Delays mean the estate can be tied up for years before final distribution. All

Dealing with probate can be challenging, especially when a sibling refuses to consent to the process. In California, probate is a court-supervised procedure for distributing a deceased person’s estate. While disagreements among heirs are common, the legal system provides mechanisms to move forward even without unanimous consent. Here’s what you need to know. Does Probate Require Consent? In California, probate does not require the consent of all heirs or beneficiaries. If one

Historically, there were several procedures for a surviving spouse or heirs of a Decedent to collect property of a Decedent in California. Standard Probate Proceeding Most people are familiar with the concept of a “Probate” which specifically means (1) filing a Petition to appoint a person as administrator of the Estate, (2) notifying creditors and collecting assets, and (3) filing a separate petition to approve an accounting and proposed final distribution, including fees

In California, contesting a will after probate has commenced is possible, but it requires prompt action due to strict legal deadlines. Understanding the process and adhering to these timelines are crucial for a successful challenge. Timeframe for Contesting a Will After Probate Has Started Once a will is admitted to probate in California, interested parties have 120 days from the date of admission to file a contest. This period is critical; missing this deadline can forfeit y

Starting April 1, 2025, California’s probate laws will undergo significant changes, thanks to the implementation of Assembly Bill 2016 (AB 2016). One of the key updates is the streamlined process for transferring a decedent’s personal residence valued under $750,000. This adjustment aims to simplify estate administration and reduce the burden on families managing smaller estates. In this blog post, we’ll explore how this new process works and what steps you need to take to pr

The role of an executor in a California probate case comes with significant responsibilities, one of the most important being the distribution of assets to beneficiaries. If you’re a beneficiary or an executor, understanding the timeline for this process is crucial. Here, we’ll explore how long a California executor has to pay beneficiaries and the steps involved in ensuring a timely distribution. What Does an Executor Do? An executor is appointed to manage the estate of a de

Effective April 1, 2025, California will implement significant changes to its probate process , particularly benefiting estates with primary residences valued up to $750,000. Assembly Bill 2016 (AB 2016) introduces amendments to the Probate Code, streamlining the transfer of such properties and reducing the necessity for formal probate proceedings. Current Probate Thresholds Under existing law, simplified probate procedures are available for estates where the total value of r

Effective April 1, 2025, California will implement significant changes to its probate process, particularly benefiting estates with real property valued below $750,000. These amendments aim to simplify the transfer of such properties, reducing the need for formal probate proceedings. Current Probate Thresholds As of now, California allows a simplified probate process for estates where the total value of real and personal property does not exceed $184,500. This threshold appli

When a loved one passes away, their estate may need to go through probate, a legal process that oversees the transfer of assets to heirs and the resolution of debts. In Los Angeles, probate administration can be complex and time-consuming, with a timeline that often surprises those unfamiliar with the process. Here’s a breakdown of the key steps and typical timeframes involved in the Los Angeles probate administration process to help you better understand what to expect. Over

Probate sales in Los Angeles present a unique opportunity for both buyers and sellers. However, the process is more complex than a typical real estate transaction and comes with specific legal and procedural requirements. Whether you’re an executor handling an estate or a buyer looking for investment properties, understanding how probate sales work in Los Angeles is essential. What is a Probate Sale? A probate sale occurs when a property owner dies without a will or trust, le

Probate is the legal process of settling a deceased person’s estate, ensuring debts are paid and assets are distributed to beneficiaries. In Los Angeles County, probate can be a complex, time-consuming process, especially if the estate is large or if disputes arise. Understanding the steps involved in probate and how it operates within Los Angeles County can make the process smoother for executors, beneficiaries, and family members. This guide covers each step of the Los Ange

Overview of the probate process in California In today’s digital age, an increasing portion of our personal and financial lives exists online. From social media profiles to cryptocurrency and online banking accounts, digital assets have become a vital part of our estates. When it comes to probate, however, digital assets introduce a unique set of challenges that often go unaddressed until it’s too late. In California, incorporating digital assets into estate planning and unde

When someone passes away, their estate may need to go through probate, a legal process that verifies a will (if one exists) and oversees the distribution of the deceased’s assets. For residents of Los Angeles County, this process is handled by the Los Angeles Probate Court. Probate can be a lengthy and complex process, especially in a high-demand area like Los Angeles. This guide will walk you through how the Los Angeles Probate Court works, what to expect, and tips for navig

Serving as an executor can be challenging, especially if your loved one owned property outside their home state. When a decedent’s estate includes property in multiple states, ancillary probate may be required. In California, ancillary probate is used to administer out-of-state estates that include assets located in California. As an executor, understanding the process of ancillary probate in California can help you navigate this additional responsibility and ensure all asset