Practice Areas

Probate

Accomplished Los Angeles Probate Law Attorneys
Our goal is to distribute the estate quickly and efficiently.

At Wellington Y. Kwan, Inc., our attorneys work to make the probate process simple, fast, and cost effective. Large or small, simple or complex, our lawyers will be able to manage your probate matter with skill and efficiency – protecting your rights at each stage.

While the probate process is formulaic, not all estates are created equal. Our probate fee is negotiable based on the specific aspects of the estate in question. Regardless of the size of the estate, we pride ourselves on handling things in a fast and professional manner. Larger estates, in particular, can benefit from having an experienced and effective attorney.

From day one, our lawyers will maintain proper accounting of all the income and expenses attached to the estate. We have appropriate reporting policies in place. We file estate tax documents in a timely manner so as to avoid unnecessary penalties against the estate. Whether we are appointed by the deceased or by the executor of the estate, we will manage the probate process for you, and help relieve your stress.

Occasionally, the fast sale of property will be necessary to fund the immediate needs of the family. We have experience with these sales and we are capable of facilitating them as fairly as possible. The purpose of Probate is to give notice to the creditors, gather the assets, pay the creditors and distribute the remaining assets to the heirs of the estate.

If you are in need of a Los Angeles probate law attorney, please contact us today to schedule your free initial consultation.

The commencement of Probate proceedings involves the following:

1. Petition for Probate;
2. Setting notice of initial hearing;
3. Obtain family allowance for spouse;
4. Approving the Will;
5. Obtaining Order for Probate from the L.A. County Superior Court, Probate Department
6. Obtaining Letters Testamentary or Letters of Administration for the appointment of a personal representative or executor and the posting of a bond;
7. Appointment of Probate Referee to appraise inventory of the estate of all assets, such as cash in bank, stocks and bonds, real estate, jewelry, antiques, art objects, etc;
8. Consider the possibility of Petition for Spousal Order, setting aside the property to the surviving spouse without administration;
9. Collection by Affidavit of Compensation owed to the deceased spouse;
10. Confirming property to surviving spouse of the community property;
11. Keeping Probate files under control such as accounting for all income and expenses, obtaining an accountant or bookkeeper, set up a Probate check book for the estate to handle all income and expenses;
12. Checklist for tax and financial matters;
13. Marshaling assets; review all letters; Creditors’ bills, List of Assets, and Account receivables of the deceased, stocks and bonds, real estate, jewelry, art objects, furniture and furnishings, automobiles, etc.;
14. Prepare an inventory of the estate to arrange for an appraisal by the Probate Referee; so have all items ready for the inspection of the Probate Referee;
15. Review Will for pertermitted spouses and children;
16. Send notice to decedent’s creditors;
17. Review procedure for filing approval or rejection of claim;
18. Handling special types of Creditors’ Claim;
19. Allocation of marital debts between estate and surviving spouse;
20. General procedure for the payment of the established claims and debts;
21. Obtaining Independent Administration of Estates Act, sell certain real estate without notice and publication;
22. Obtain Notice of Proposed Action, etc.;
23. Necessary to consider federal estate tax return. Prepare all assets in the gross estate;
24. Adjustment for gifts made without 3 years of death. General rule – (certain gifts within 3 years of death is included in decedent’s gross estate and subject to tax);
25. Transfer of insurance;
26. Application for extension of times to pay taxes;
27. Application to Gifts of insurance policies;
28. Life time gifts with strings of ownership retained by transferor;
29. List value of tax qualified employee benefit plans and individual retirement accounts, annuity and bonds;
30. Property held in joint tenancy by spouses;
31. Interest received by gift inheritance, etc.;
32. Generation – Skipping Transfer Tax;
33. Preparation and filing of Estate Tax return with Internal Revenue Service, usually due 9 months after death, subject to extension of time, obtain Form 712 for each insurance policy attached to Form I-706;
34. Arrangement for the payment of estate taxes, if any;
35. Review of California Estate tax;
36. Decedent’s Final Income Tax return, federal and State of California.