Julie Sharma's blog

Probate in Los Angeles can be significantly more expensive and time-consuming than most families anticipate, especially when real estate is involved. Understanding the true cost of probate in California is essential for heirs, executors, and property owners. Below is a clear breakdown of how probate costs are structured and why they can quickly add up:

• Statutory Fees (Largest Expense): Governed by the California Probate Code, attorney and executor fees are calculated on the gross estate value, not equity.
• Double Fee Structure: Both the probate attorney and the personal...

Resolving title issues in probate is a critical step before selling or transferring inherited real estate, especially in competitive markets like Los Angeles. One of the most common problems occurs when the property title still reflects a deceased owner, such as a spouse or co-owner. In California probate, this can typically be resolved by recording a death certificate along with an Affidavit of Death of Joint Tenant or Affidavit of Death of Trustee, depending on how title was held. If the property was solely in the decedent’s name, the court will issue an order confirming ownership, which...

When Multiple Heirs Disagree in Probate: Costs, Delays, and Risks to the Estate

When multiple heirs disagree during probate, the cost to the estate can escalate quickly—both financially and in terms of time. Probate disputes often require intervention from probate attorneys, mediators, or the court, all of which significantly increase expenses. In California probate cases, legal fees can rise rapidly as attorneys bill hourly to handle contested matters such as property sale disagreements, inheritance distribution conflicts, or challenges to the validity of a will. While statutory...

The Independent Administration of Estates Act (IAEA) is a California law that allows a probate executor or administrator to manage and sell estate property with limited court supervision. When a personal representative is granted full authority under the IAEA, they can handle key decisions—such as listing and selling real estate—without needing prior court approval for every step. This streamlines the probate process significantly compared to traditional court-supervised probate, where each major action requires hearings, approvals, and added delays.

Understanding whether an estate has...

Propositions 60 & 90 – Relocation of Homeowners Age 55+ (California Property Tax Guide)

Propositions 60 and 90 provide powerful property tax relief for California homeowners age 55 and older, allowing them to sell their primary residence and transfer their existing (often much lower) property tax base to a replacement home. Under Proposition 60, this benefit applies when purchasing a new home within the same county, while Proposition 90 extends the opportunity to certain participating counties across California. To qualify, the replacement property must generally be purchased or built...

Who Is in Charge of Probate in California? (Executor vs. Administrator Explained)

Understanding Probate Oversight in California

Knowing who oversees probate in California is a crucial concern for families, heirs, and executors after someone dies. The answer depends on whether there is a valid will and whether the probate court has officially appointed someone to act. The individual responsible for managing the estate is known as the personal representative, and this role is central to ensuring the estate is handled properly under California law.

The Role of the Personal...

What Is Escheat in California Probate?

Escheat is a legal process where property transfers to the state when no heirs or beneficiaries can be located.

In California probate law, the court must first make a reasonable effort to locate heirs before assets can be transferred to the state.

This may involve:

• Probate court investigations
• Public notices to locate heirs
• Genealogical research
• Searches for distant relatives

If no legitimate heirs are found, the remaining assets are transferred to the California State Treasury.

Can Heirs Still Claim the Estate...