Probate is handled differently depending on the kind of property and the value of the property. If a person passes away in California without a Trust and has assets that need to be distributed, a Probate would be needed. Here are the different kinds of Probate:
- personal property that is valued under $150,000 is transferred to heirs, or beneficiaries (if there is a Will), by a Probate Code Declaration; this does not need to involve the Probate Court
- real estate that is valued under $50,000 is transferred by an Affidavit which is filed in the Probate Court
- real estate that is valued over $50,000 and under $150,000 is transferred by a Succession of Real Property which requires a hearing in the Probate Court
- real or personal property, on its own or combined, that is valued over $150,000 is transferred through a formal Probate
It’s important to note, as above, that each Probate requires a different procedure. The formal Probate takes approximately 8 months to 1 year+ depending on the specific circumstances of the property and distribution. This type of Probate involves many steps and can be complicated. It is best to consult with an experienced Probate Attorney who can advise as to which kind of Probate is needed and determine the best course of action.
Legal Action Workshop has more than 35 years’ experience in Probate procedures. If you have questions about Probate or an inheritance call Attorney Stephen Marc Drucker @ 1-800-HELP-444 (1-800-435-7444) or visit our website @ www.LegalActionWorkshopLAW.com.
Hi my family is trying to save my grandmothers house asap before going into foreclosure… she did not leave a will or trust…we have a 50k dept that we are willing to pay as well…we do not have enough time to process paperwork do to not knowing the process we need an attorney asap…
Matthew:
In what city did your grandmother live? Did she have a reverse mortgage? Did she have a Will or Trust? If the house is in Los Angeles County, we may be able to help. Please call our office @ 818-630-5503 to discuss.
Thank-you for contacting Legal Action Workshop!
My parents are both dead with my las parent dying in 2020 with no will, I am an only child. My parents had no debt only a house with a mortgage in la county which we all lived iin
Millie,
It sounds like we can help you. If yours parents did not have a Trust, then the property will go through Probate and the transfer of ownership would go to you since you are their only child. There are different kinds of Probate dependent on the value of the home. Please call our office @ 818-630-5503 to discuss further.
Thank you for contacting Legal Action Workshop!
I am told that I need to open a probate. My mother passed on December 30, 2020. She left a will and trust and left me as Executor and Successor Trustee. She had two properties , both in Los Angeles County. One, her home, was wrongfully foreclosed on because she had an agreement with the service provider and a person making a bridge loan to a reinstatement. The person making the loan reneged on making the loan and the service provider used dual tracking to expedite the foreclosure where the individual that was supposed to make the bridge loan won the bid on the property. The second property, a condominium, was foreclosed on and a writ of possession executed on an unlawful detainer. The foreclosure there was wrongful because my mother never made application for the loan nor did she ever receive any of the money from the loan. Bank of America ignored her demands for proof that the loan was hers for several years before foreclosing on a loan that she refused to pay. Are these issues to be taken up through bankruptcy court or should I look for a real estate lawyer because both properties were in her trust? Thank you.
Kevin,
I would suggest that you speak with a real estate attorney very quickly to see if there is a remedy to the situation. A Trust avoids probate…but in this case you have multiple issues and I think that a real estate attorney would be your best bet.
Hope this helps!
Hi my mom passed away in 2023. She and my dad were paying mortgage to the house my dad lives in.los Angeles county My dad is bound to a wheelchair n is diagnosed with an incurable health problem. I take care of dad 24/7 since he cant do do much. Both of sign a will or trust of somekind stating that when both pads away the house is to be sold n money distributed into 6 equal parts. The problem is 3 of my sisters had my dad sign POA to them without his understanding of it. I recently found out that mom left money in her bank acct, she left o good amount of money that she couldn’t put on her will how it was suppose to be distributed. The house is now being claimed under my sister name, and dads life insurance was also changed to my sisters name as beneficiaries leaving 4 of of out of everything. My parents will was supposed to be with my uncle but due to my sisters harassing/threatening my cousin my uncle decided to give it back to my mom which my sister took. I ask for a copy of it n they refuse to show anyone will. My questiom is what can i do or speak to regarding all this. Right now im clueless what to do.
Hi,
Your options are to call an ‘elder abuse’ attorney who can assess the situation or speak with a ‘conservatorship’ attorney. These attorneys can determine if your dad was of sound mind when he signed documents. If he was not of sound mind then the documents he signed would be invalid. If your sisters made changes to your dad’s estate without him understanding what he was doing, then your sisters may have to be sued. I would consult these attorneys to determine the best course of action.
We wish you the best outcome.
Brenda @ Legal Action Workshop