How To Claim Your Share of a Probate Property?
First, let’s look at what Probate is, then we’ll look at the process of claiming what is rightfully yours. Probate is the legal process of settling a person’s estate after they die. After someone dies, their property- including real estate and other items owned by that person- is then passed on to the people who inherit it. When someone doesn’t have a will in California, probate can be used to pass along that property to its heirs. This article will cover what we know about probate property in Los Angeles County, California, and how you might be able to use it for your own needs.
Ready? Let’s get started!
What is probate property?
Probate property is the subject of a legal process where someone who dies has their estate processed through probate court. Probate can be complicated because it includes the deceased person’s assets and those left behind by others, such as spouses or children. The executor is legally responsible for administering the estate and ensuring all debts are paid before distributing any remaining money to beneficiaries. To find out more about probate property in Los Angeles, California, and if you think you are entitled to receive any inheritance, read on!
What is the process of claiming your share of a probate estate in Los Angeles?
If you are reading this, chances are someone close to you has likely passed away. This person(s) may be your parent, sibling, or spouse. You might not know what to do next and how to go about claiming your share of the probate estate. It’s important to remember that various parties are involved in these proceedings, and they all have their interests at stake.
Probate is the legal process by which courts oversee the distribution of a deceased person’s property to their beneficiaries. Probate law in California provides for two types of probate proceedings: informal and formal. Informal probate is when there is no will or not enough time to wait for a court hearing before distributing assets to its heirs. Formal probate is used in most other cases, including cases where there is a will and an estate worth more than $150,000 (subject to inflation adjustments). There are many steps involved in claiming your share of an LA County Probate Estate, and it’s best to seek legal advice.
What happens if no one claims the estate within a specific time frame?
The California Probate Code states that an executor may be appointed for any decedent’s estate when their heirs cannot be found or do not consent to the appointment. The executor then becomes responsible for taking care of all aspects of settling the deceased person’s affairs, including paying debts, taxes, distributing property as they see fit among beneficiaries, and handling any litigation on behalf of the decedent (such as defending against creditors).
When can I claim my share of the estate in Los Angeles, CA?
If you are an heir or the executor of the estate, then this should help clarify what you need to know about claiming your share of the estate and how long it might take based on your specific situation.
The probate process varies by state but generally follows these steps:
- The court appoints someone to oversee the administration of the deceased person’s assets;
- All heirs must file their claims against those assets;
- An inventory and appraisal of all assets is taken;
- The value of each asset is determined and shared proportionately among its heirs.
- In California, the probate process may take six to nine months or longer.
Intestacy: Intestate law dictates who inherits property if there is no valid will at the time of death. The person with priority status has greater rights than other beneficiaries under the law unless the testator intends otherwise (CA Probate Code § 6400). A majority of people die without leaving any written legal documents naming anyone as executor or trustee, which is the purpose of probate. As always, this is for informational purposes, and we recommend seeking legal advice concerning ALL probate matters.
Final thoughts about what you should know before claiming your share of an estate in California
If you, or someone you know, has a loved one who recently passed away, there is a good chance they left an estate for one reason or another. To claim your share of an estate, you need to know the basics of probate law in Los Angeles. Choosing a real estate agent experienced with probate is critical for completing this process correctly and on time. If you are looking for someone to answer all of your probate questions and guide you through every step of the way- contact Josh V Realty. You’ll be glad you did!