Probate Attorney – Robert Theofanis

They’re gone. Now what?

As a probate attorney, I help guide my clients through California’s complex and confusing probate laws so they can receive their rightful inheritances.

Probate Services Offered

The general rule is that probate is required to transfer the property of a deceased person to his or her legal heirs of beneficiaries. But California has many exceptions to probate. Below are descriptions of the various probate attorney services that I offer.

No matter your situation, the first step is schedule a free, no obligation probate consultation to discuss your situation and determine whether you need a probate attorney to assist you.

Click the button below to schedule your free probate consultation.

Formal Probate Administration

Probate estates with a gross value in excess of about $185,000 require a formal probate administration. (This excludes property with a a valid beneficiary designation and property owned by a trust.) I represent executors and administrators and help them discharge their legal responsibilities.

Small-Estate Affidavit Procedure

Probate estates with a gross value of less than about $185,000 can be transferred to beneficiaries or heirs without a formal probate. Doing so requires a small-estate affidavit.

There are different rules depending on the value and character of the property that you want to collect.

Spousal Property Petitions

The are special rules that allow the community property of a deceased spouse to transfer to the surviving spouse without the need for a formal probate administration.

Minor Child Named Beneficiary

If a minor child is named as the beneficiary on a deceased person’s account, the financial company sometimes declines to transfer the property without a court order. Sometimes, the financial company will demand that a parent open up a guardianship proceeding.

This is unnecessary. California law allows a parent to petition the court to have the property transferred to the parent.

Get Started

No matter what your situation is, the first step to schedule a free probate consultation to determine whether you need the assistance of a probate attorney. Schedule your consultation by clicking the button below.