You may think you can’t afford probate in Inglewood, but the truth is there are cost-effective ways to navigate a probate case depending on the details of your situation. If the estate has to go through probate, you don’t have an alternative option. You must probate the estate to access the property. The good news is it is possible to complete the process at a far reduced cost by filing a court fee waiver.
What to Do if You Can’t Afford Probate in Inglewood, CA
Probate cases can be time-consuming and expensive, which can cause issues for individuals and families trying to settle the estate of a lost loved one. Probate involves validating the decedent’s will or, in the event they didn’t have one, assigning an administrator to the estate.
There were 63,609 probate filings with California courts in 2024. The number of filings has steadily been on the rise across the state in recent years, leading to more demand and longer wait times to settle estates.
Not only is probate a time-consuming process, but it can also be an expensive one. In some cases, probate expenses can cost up to 10 percent of an estate. There are a couple of avenues to consider to help you save money on a probate case, including filing for a court fee waiver. A court fee waiver is an official court order that covers standard filing fees and some other related costs.
These waivers are granted in specific situations where the filing party cannot afford the associated legal costs. Fees covered with a court fee waiver in a California probate case include:
- Clerk’s fees
- Court reporter fees
- Fees for serving papers or giving required notice
- Filing fees
- Some court investigations
It’s important to note that a fee waiver doesn’t take care of all costs. You may have to pay some costs out of your estate at a later date. Fees not covered under a court fee waiver can include things like costs to hire a probate lawyer, newspaper publication costs for notifying creditors, and probate referee fees related to non-cash assets.
Other Tips for Saving Money in a Probate Case in Inglewood
If an estate is small enough, it may be possible to handle matters through a small estate affidavit instead. Standard probate typically takes place in the Los Angeles County Superior Court. Small estates can avoid going to court altogether. Instead, you file the affidavit directly with the third-party individual or institution that currently has the property. This can cut costs significantly.
There are a handful of other ways to avoid probate in California altogether. For instance, assets can be transferred directly to the new owner if they are placed in a valid living trust. Property with payable-on-death (POD) and transfer-on-death (TOD) designations also don’t have to go through probate. The same goes for assets with a right of survivorship.
It’s helpful to understand these aspects of California probate laws in the event you have the time and forethought to create an estate plan that meets your goals and saves you money throughout the process.
FAQs
What Does the Probate Process in Inglewood Typically Entail?
The probate process in Inglewood entails validating the estate of a decedent, so remaining debts can be settled, and assets can be distributed to the appropriate parties. Probate starts with filing all the necessary paperwork with the Los Angeles Superior Court.
Once you initiate the process, you must give formal notice to all heirs, beneficiaries, and creditors. The representative of the estate also must inventory and appraise everything. After debts are paid, property can be distributed.
Can I Avoid Probate for an Estate in Inglewood?
Yes, you can avoid probate for an estate in Inglewood through a number of legal strategies and procedures. For starters, assets placed in a living trust do not have to go through probate in California. Instead, property is transferred directly to the beneficiaries.
This is also the case for property with right of survivorship or payable-on-death (POD) or transfer-on-death (TOD) designations. Finally, estates under a certain value may be settled through a small estate affidavit, effectively avoiding probate.
Is Filing a Small Estate Affidavit More Cost-Effective Than Standard Probate in Inglewood?
Yes, filing a small estate affidavit tends to be more cost-effective than standard probate in Inglewood. You don’t have to go to court for summary succession, which means you can avoid court fees and other associated legal costs.
These estates are also smaller and typically less complex, which can make settling matters less complicated. It’s also usually a quicker process, so you can save on ongoing administrative fees, too.
What Happens if There Is No Will in a Probate Case in Inglewood?
If there is no will in a probate case in Inglewood, California’s intestate succession laws determine what happens next. Estates without a will must still be probated. You can expect the state to appoint an administrator to inventory property, settle debts, and distribute assets based on who survives the decedent.
Under California probate laws, the order of priority for who receives assets starts with:
- Spouse or domestic partner
- Children
- Grandchildren
- Other descendants
- Parents
- Siblings
Make Sure You Can Hire a Probate Lawyer in Inglewood to Represent You When It Matters Most
If you’re looking for personalized legal support after the death of a loved one, you can turn to the legal team at Gaudy Law. We’re here to get you through life’s most difficult moments. Our local attorneys bring over 21 years of estate planning and probate law experience to the table, and we’re ready to put it to work for you. We’ve successfully completed more than 2,000 probates over the years, earning a high rating on Avvo and Google along the way.*
Gaudy Law takes pride in being a leading probate law firm that our clients can trust. Our team proudly serves individuals and families throughout Upland, Los Angeles, San Bernardino, San Diego, Orange County, and the San Joaquin Valley. If you’re ready to discuss your case with our team, reach out to the office to schedule an initial consultation right away. You can find us in Southern California near I-10 and I-15.
*Past cases don’t determine future results. Every situation is unique.
