Opening the Estate
Preparation and filing of probate petitions, review of the will, notice requirements, hearing preparation and requests for appointment of an executor or administrator.
Los Angeles • Glendale • Calabasas
Wills and Probate in Los Angeles County
Legal guidance for wills, probate administration, executors, administrators, heirs, and beneficiaries in Los Angeles, Glendale, and Calabasas. Sirkin Law Group, PC assists clients with the court process from the opening petition through administration, distribution, and closing.
California Probate
What happens to a will after someone dies?
A will is an important estate-planning document, but the existence of a will does not automatically eliminate probate. When property remains in a decedent's individual name and no nonprobate transfer method applies, a court proceeding may be required to appoint a personal representative, identify and administer estate assets, address claims and expenses, and ultimately transfer property to the persons legally entitled to receive it.
Short answer: a will tells the probate court whom the decedent selected to receive probate property and who was nominated to serve as executor. Probate is the legal process used to place that plan into effect when court administration is required.
Probate Representation
Legal help throughout the probate process
Administering Assets
Guidance concerning collection and management of estate property, inventories and appraisals, creditor issues, estate expenses, sales and transfers.
Distribution & Closing
Preparation and review of accountings, reports, petitions for final distribution, proposed reserves, beneficiary distributions and steps required to close the probate estate.
With a Will
Probate when the decedent left a will
A valid will can nominate an executor and state how probate assets should be distributed. The original will is generally lodged with the court, and the person seeking appointment asks the court to admit the will to probate and issue authority to administer the estate.
The executor remains subject to California probate law and court requirements. Duties can include protecting property, identifying assets and debts, notifying interested persons and creditors, maintaining records, preparing inventories, addressing taxes and expenses, and seeking court approval for distribution when required.
Without a Will
Probate when there is no will
When a person dies without a valid will, the estate is described as intestate. The court may appoint an administrator, and probate property generally passes according to California intestate succession rules rather than according to an individually written estate plan.
Questions can arise about who has priority to serve, who qualifies as an heir, whether property is separate or community property, and whether a particular asset belongs in the probate estate. These issues can materially affect both administration and distribution.
Typical Probate Sequence
How a Los Angeles County probate generally moves forward
Review the estate and testamentary documents
Identify the original will, potential heirs and beneficiaries, known assets, debts, existing trusts and beneficiary-designated property.
File the probate petition and give required notice
The petition requests court authority to open the estate and appoint the appropriate personal representative.
Obtain appointment and administer the estate
Once authority is issued, the representative gathers estate property, handles required notices, creditor matters, inventories and ongoing administration.
Resolve accounting, tax, property and beneficiary issues
The representative organizes the estate's financial activity and addresses matters that must be resolved before distribution.
Seek distribution and close the probate estate
When administration is complete, the personal representative can request approval for distribution and closing, subject to the requirements of the particular case.
Executors, Administrators & Beneficiaries
Probate involves both fiduciary duties and beneficiary rights
For Executors and Administrators
A personal representative is a fiduciary. The role involves deadlines, recordkeeping, safeguarding property, communications with interested persons and compliance with California probate procedure and court orders. Legal guidance can help organize the administration and address problems before they delay closing.
For Heirs and Beneficiaries
Heirs and beneficiaries may have questions about the will, estate assets, delays, accountings, distributions, property sales or the conduct of the personal representative. Depending on the circumstances, an interested person may request information, object to a petition or accounting, or seek other probate relief.
Local Probate Counsel
Wills and probate services for Los Angeles, Glendale and Calabasas
Sirkin Law Group, PC is based in Woodland Hills and represents clients in probate, trust, estate and fiduciary matters throughout Los Angeles County. The firm's work includes matters connected with the following communities.
Los Angeles Probate
Representation for probate petitions, estate administration, executor and administrator issues, beneficiary matters, accountings, distributions and contested probate proceedings arising throughout the City of Los Angeles and Los Angeles County.
Glendale Probate
Probate and will-related counsel for Glendale families, fiduciaries, heirs and beneficiaries dealing with California estate administration, court filings, distributions or disputes involving a decedent's estate.
Calabasas Probate
Estate and probate representation for Calabasas residents and families, including guidance for personal representatives, beneficiaries and heirs concerning wills, estate property, administration and distribution.
Related Probate Issues
When probate becomes more complicated
Will Contests
Disputes can concern execution of the will, capacity, undue influence, fraud, revocation, interpretation or competing testamentary documents.
Accounting Disputes
Beneficiaries may question receipts, disbursements, asset values, losses, fees, reserves or distributions reported by a fiduciary.
Property & Ownership Questions
Probate can involve disputes over whether property belongs to the estate, how title should be treated, or whether an asset passes outside probate.
For contested estate matters, see Probate & Fiduciary Litigation. For trust matters, see Trust Administration.
Answers to Common Questions
Wills and probate FAQ
Does having a will avoid probate in California?
No, not necessarily. A will governs probate property, but property held in the decedent's individual name may still require probate unless another transfer method or an applicable probate exception is available.
What does a probate lawyer do in Los Angeles County?
A probate lawyer can help with the petition to open probate, appointment of the personal representative, notices, creditor matters, inventories and appraisals, estate administration, accountings, petitions for distribution, contested issues and closing the estate.
What if the person died without a will?
California intestate succession law generally determines who receives probate property when there is no valid will. The court may appoint an administrator to administer the estate.
How long does probate take?
The time varies. Court scheduling, creditor claims, tax matters, real property sales, accountings, disputes and beneficiary issues can all affect how quickly an estate can be administered and closed.
Can a beneficiary object to an executor or administrator?
Depending on the circumstances, beneficiaries and other interested persons may object to petitions, accountings, proposed distributions or fiduciary conduct and may request appropriate probate relief.
Can a will be contested?
Yes. A will contest may involve questions concerning execution, capacity, undue influence, fraud, revocation or competing wills. The facts, standing and applicable deadlines matter.
Where are Glendale and Calabasas probate cases handled?
Because Glendale and Calabasas are in Los Angeles County, probate matters are handled through the Los Angeles Superior Court probate system. Venue, case assignment and current court procedures determine the proper filing and hearing location.
Speak With a Probate Attorney
Discuss a will or probate matter with Sirkin Law Group
Contact the firm regarding probate administration, an executor or administrator appointment, beneficiary concerns, a will dispute, an accounting or a petition for distribution in Los Angeles County.