What Sets Darrell C. Harriman Apart?
Helping Clients With Their Since 1980
Practicing Since 1980
I have over four decades of helping my clients through the legal process.
Personalized, Responsive Service
I’ll craft a personalized strategy that fits the specific needs of your case.
Clear Answers In Plain Language
Simplifying complex legal issues enables you to make informed decisions.
Proactive Representation
As a seasoned attorney, I work to anticipate any issues you may face in your case.
Contact Darrell C. Harriman
At the Law Offices of Darrell C. Harriman, I have over four decades of experience helping clients successfully navigate the complex Los Angeles probate process. Fill out the online contact form to schedule a confidential consultation with me today.
FAQ: What do I need to know about probate if I was named executor of a loved one’s estate in Los Angeles, CA?
Probate is a multifaceted process, so there is much to know if you are named executor of a loved one’s estate. First and foremost, it is important to determine whether the deceased individual left a will, and to locate that will, as well as the contact information of any estate beneficiaries. In many cases, deceased individuals will leave special instructions for the executor as to the distribution of assets, and where assets are located. Identifying the decedent’s assets, including life insurance policies, real estate, bank accounts, stocks, bonds, investment accounts, and business assets, is also important. Determining how to access digital records can be crucial to obtaining a full picture of the decedent’s assets and liabilities. The executor will also be required to determine whether any estate taxes will be owed based on the value of the estate’s assets.
FAQ: How much does the probate process in Los Angeles, CA cost?
Unfortunately, there is not a simple answer to this question. Filing the probate petition will cost about $450, and an additional similar fee will be required to file the petition for final asset distribution. There are also several hundred dollars in expenses required for publication of notices, payment of court-appointed probate referees, and, in many estates, payment of bond premiums. Attorney fees are calculated on a sliding scale based on the value of the assets in the estate and are typically only paid at the conclusion of the estate proceeding. Essentially, the cost of a Los Angeles probate depends on how complicated the particular probate becomes. An experienced lawyer can evaluate your case to determine the eventual court costs that may be required.
FAQ: How much can a Los Angeles probate lawyer charge for a probate in California?
In the state of California, the fees a Los Angeles probate attorney can charge are not arbitrary; they are set by California probate law. Under the Probate Code, these “statutory fees” are calculated based on the gross value of the estate assets (without subtracting debts or mortgages). While these rates cover the standard administration, extraordinary fees may be requested for complex situations, such as defending against probate litigation or handling tax audits, subject to court approval.
As of 2024–2025, the statutory fee schedule for ordinary services is:
- 4% of the first $100,000 of the estate.
- 3% of the next $100,000.
- 2% of the next $800,000.
- 1% of the next $9,000,000.
- 0.5% of the next $15,000,000.
- For estates exceeding $25 million, the court determines a reasonable amount.
Note: For “extraordinary services” (such as selling real estate, litigation, or complex tax work), an attorney may request additional fees, which are subject to court approval.
FAQ: Do I need a lawyer for probate in California?
While you are not legally required to hire a lawyer to navigate the Los Angeles probate court, attempting to do so alone is risky. The legal process is filled with strict deadlines, complex accounting requirements, and specific notice rules.
If the estate involves high-value assets, potential family conflict, or complex debts, the risk of errors increases significantly. Having a skilled Los Angeles probate attorney provides the fiduciary with protection and guidance. Your counsel manages the heavy lifting of the legal process—from inventorying assets to final distribution—ensuring that probate disputes are minimized and the estate is closed as efficiently as possible.
Exceptions where you might not need full probate include:
- Small Estates: If the total value of the estate is under $184,500 (indexed annually), you may qualify for a simplified process using a Small Estate Affidavit or a petition for succession to real property, which is faster and less expensive than formal probate.
- Trust Assets: Assets held in a Living Trust generally avoid probate entirely.
FAQ: How long does probate take in Los Angeles?
In Los Angeles County, the probate process typically takes between 9 and 18 months to complete.
Delays: If there are will contests, difficulties selling real estate, or complex tax issues, the process can extend to 18 months or longer.
The Minimum: California law requires a minimum 4-month waiting period for creditor claims, so it is impossible to finish in less than about 6–7 months even in a perfect scenario.
The Average: Due to court backlogs in the Los Angeles Superior Court, obtaining hearing dates can take several weeks or months. A standard estate usually closes in roughly 12 to 14 months.
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