Many questions may arise in relation to probate, conservatorship, and wills and trust matters. For additional information about your specific situation, contact the probate attorneys at Mansell & Mansell APC for a free, confidential assessment of your legal case at 323.466.4900.

• What happens to a person's property after he or she passes away?
• What exactly is probate?
• Where would probate occur?
• Does my family have to open probate proceedings?
• How long does the probate process take?
• What assets fall under probate?
• How is a will dealt with in probate?
• What is intestate succession, or intestacy?
• How is the property of a person who died without a will distributed?

What happens to a person's property after he or she passes away?

After a person dies, ownership of his or her property will vest in other people by virtue of various legal mechanisms. The person can designate who will receive property in a legal instrument called a will; these people are known as designees or beneficiaries. If a person dies without a will, also called dying “intestate”, a legal statute defines the manner in which property will be distributed. People who inherit in this manner are known as “heirs”.

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What exactly is probate?

Probate is the legal process by which a decedent's property is distributed. This includes an accounting of all property as well as the payment of any debts owed by the estate.

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Where would probate occur?

Probate takes place in the state and county where the decedent resided at the time of death. However, probate proceedings may also be required in other jurisdictions if the decedent owned property in another state.

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Does a decedent's family have to open probate proceedings?

In cases where the value of the decedent's property is under a certain dollar amount, probate may be avoided or a summary procedure may be available. Given the legal complexities, it is advisable to consult an experienced probate attorney to determine whether your situation falls into this category. For a free, confidential probate consultation, contact the law firm of Mansell & Mansell APC at 323.466.4900.

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How long does the probate process take?

Probate takes at the minimum six months, though somewhere between 6 and 12 months is more common. Specific legal hearings must take place and a four-month claims period must be observed to allow any creditors to come forward.

Experienced probate lawyer Cheryl Mansell can ensure that the estate is handled in the most efficient and effective manner possible. Contact our Los Angeles probate law firm today at 323.466.4900 for a free assessment of your legal situation.

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What assets fall under probate?

Everything a person owns is potentially subject to distribution in probate. Life insurance policies, 401K and retirement funds, and pay-on-death accounts transfer directly to the designated beneficiaries and are not subject to probate proceedings, unless the designated beneficiary is the estate of the decedent.

What about joint tenancy property?
Joint tenancy is a special way of owning property. In a joint tenancy, if one owner dies, his or her share is immediately vests in the remaining owners. It therefore does not “belong” to the decedent as of the moment of death and cannot be distributed by will or any other method. This puts property held in joint tenancy outside of the probate process. An Affidavit – Death of Joint Tenant must be recorded with the County Recorder’s Office, after the death of the joint tenant.

In some instances, the joint tenant is not vested in the decedent's share and the decedent’s interest in the property would be subject to probate proceedings.

For more information on these exceptions and/or to transfer a joint tenant’s share to the surviving spouse contact Mansell & Mansell APC for a free consultation. Contact our Los Angeles probate law firm today at 323.466.4900 for a free assessment of your legal situation.

What about community property?
Community property is the jointly earned money and property of the marital estate. At the time of one spouse’s death, each spouse is entitled to half of the community estate. The surviving spouse will retain one-half of the community estate, while the other half will be subject to probate proceedings.

There is a summary probate proceeding - spousal property petition available to surviving spouses.

For more information contact Mansell & Mansell APC for a free consultation. Contact our Los Angeles probate law firm today at 323.466.4900 for a free assessment of your legal situation.

What about quasi-community property?
Quasi-community property is that property earned or obtained while a married couple was domiciled in a non-community property jurisdiction that would have been community property if they had been domiciled in California. At the time of divorce or probate proceedings, the California courts may exercise jurisdiction over quasi-community for purposes of distribution.

There is a summary probate proceeding - spousal property petition available to surviving spouses.

For more information on these exceptions and/or to transfer a joint tenant’s share to the surviving spouse contact Mansell & Mansell APC for a free consultation. Contact our Los Angeles probate law firm today at 323.466.4900 for a free assessment of your legal situation.

When dealing with various types of assets that may fall into numerous legal categories, it is essential to work with an experienced probate attorney to best organize the decedent’s assets and efficiently work through probate proceedings.

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How is a will dealt with in probate?

While there are numerous ways in which a probate proceeding may transpire, we can provide a brief overview of how a will is handled.

First and foremost, the will must be delivered to the court. The designees are notified of the contents of the will and an executor, or personal representative, is selected. The claims period will open, during which time the personal representative works to put together an accounting of all of the decedent’s assets. Debts and taxes are paid, after which time the remaining assets are distributed as directed by the will.

Any number of issues can arise during the pendency of a probate proceeding that can result in undue delay or costly litigation. This may include a dispute over who should serve as executor, or a dispute over the contents of the will (a will contest). Litigation arising from a probate proceeding can be emotional for the parties and costly to the estate. Utilizing the services of an experienced probate attorney can help defuse difficult family situations and help the parties involved come to a quick resolution. Contact the law firm of Mansell & Mansell APC at 323.466.4900 to speak with an experienced probate attorney Cheryl Mansell for a free, confidential legal consultation.

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What is intestate succession, or intestacy?

Often times, people die without a valid will. Some may die with a will that provides instructions for the distribution of only some of his or her assets. In cases like these, the question becomes who is then entitled to inherit?

For these types of situations, the legislature has outlined the order of inheritance. This is also known as intestate succession. It provides for the surviving spouse and children of the decedent first, but gives a lengthy list of subsequent heirs that is detailed in the next question.

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How is the property of a person who died without a will distributed?

Distribution of the assets of a person who died intestate is controlled by California Probate Code §§ 6400 – 6414. This is a generalized explanation of the code; to know how this would apply in your specific circumstance, be sure to contact the law firm of Mansell & Mansell APC at 323-466-4900 to speak with an experienced probate attorney.

If there is a surviving spouse (SS), the code discusses community property first. The SS will keep one-half of all the community property (this is by virtue of the community, not due to intestate succession). The decedent’s estate will include the other half of the community, which the SS will inherit. Thus, the SS will take 100 percent of the community property (½ that is theirs outright plus decedent’s ½). Quasi-community property is divided the same way.

As to separate property, the SS or domestic partner is entitled to varying shares depending on whether there are other close relatives. The SS takes the entire estate if the decedent has no surviving issue (descendants), parents, siblings, or issue of deceased siblings. The SS takes half of the estate in any of the following situations: where the decedent leaves one child (or the issue of that deceased child) OR where the decedent leaves no issue but leaves a parent(s) or siblings, or the issue of siblings. The SS takes one-third of the estate in the following situations: where there is more than one surviving child; where there is one surviving child and issue of at least one deceased child; OR where there is issue of two or more deceased children.

The part of the estate that remains after distribution to the SS or domestic partner, or the entire estate when there is no SS or domestic partner, is distributed as follows:

1. To the decedent's issue. While the class of individuals is fairly simple to ascertain (children, children’s children, and so on), the amount that each person is entitled to can be complicated to determine. The total inheritance amount is divided by the number of children. This is the amount each “branch” of the family will share.
2. To the decedent's parents. If there is no surviving issue, then the surviving parent or parents take equally.
3. To the parents' issue. If there are no surviving issue or parents, then to the issue of the parents or either of them. This would include the decedent’s brothers and sisters and their children. Again, the amount would be divided by the number of brothers and sisters and each “branch” of the family would split this amount.
4. To the grandparents and their issue. If there are no surviving issue, parents, or siblings and their issue, then any surviving grandparents and the issue of any predeceased grandparent (decedent’s aunts, uncles, and cousins) will take.
5. To the issue of a predeceased spouse. This would include decedent's stepchildren and their issue in a case where a spouse died before the decedent.
6. To the next of kin. The probate code defines how to determine "next of kin" under this section.
7. Parents and issue of predeceased spouse. Where there is no one further up the chain, the parents and issue of a predeceased spouse (the decedent's in-laws) may take.

Many additional rules and exceptions apply to intestate succession in California. To learn more about how intestacy rules would apply in your particular situation, contact Cheryl Mansell at 323.466.4900.

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What are the tax ramifications of inheriting property?

When property and assets are transferred from one person to another, there may be very serious tax ramifications. The tax code is cumbersome, complex, and constantly changing. In order to understand the exact tax consequences arising from an inheritance, it is vital to speak with an experienced probate attorney. Call 323.466.4900 to schedule a free and confidential attorney consultation today.

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