Are you looking for a probate lawyer in Encino, CA?
At The Werner Law Firm, PC, we are trusted probate lawyers serving clients across Encino for over 50 years.
If you are handling a loved one's estate in Encino, the court process begins with filings, notices, and deadlines. Most people take this on having never seen a probate file. An Encino, CA probate lawyer manages the case from the first petition through final distribution. The Werner Law Firm, PC has represented California families since 1975 and maintains ten offices across Southern California. Consultations are free, and the first meeting will tell you what the estate requires.
Adults 65 and older make up 15.7% of the population of Los Angeles County, a share projected to exceed 2.3 million residents by 2040. Encino sits inside that shift, in a part of the San Fernando Valley where long-held homes and decades-old accounts are now passing to the next generation.
A probate attorney represents the person the court puts in charge of an estate. That person, the personal representative, must petition the court, notify heirs and creditors, inventory the estate, pay valid debts, and distribute what remains. Our Encino probate lawyers prepare the filings, track the hearing dates, and answer to the court on the representative's behalf. Estates holding real property, a business interest, or a disagreement among heirs demand the most attention.
Probate takes more than one form. Some estates require the full court process, others qualify for a shorter route, and a few stall in a dispute before anything reaches the beneficiaries. The path depends on what the decedent owned, how title was held, and whether anyone objects. We identify that path at the outset so no one spends months in the wrong procedure.
Probate administration with a will. The named executor must still be appointed by the court before acting. We prepare the petition, handle notice and publication, and guide the executor through inventory and distribution.
Estate administration without a will. State rules decide who inherits and the court appoints an administrator. We handle probate without a will from first filing to closing, including cases where heirs must be located.
Small estate procedures. Not every estate belongs in a full probate. A small estate affidavit or a simplified transfer can move property to heirs without a court case, and we confirm early whether an estate qualifies.
Spousal property petitions. A surviving spouse can often confirm ownership of community property in a single filing. We prepare the spousal property petition and take it through the hearing.
Trust administration. A successor trustee carries duties that run alongside probate and sometimes replace it. We guide trustees through notice, accounting, and distribution during trust administration.
Probate sales of real estate. Selling a home held by an estate follows its own rules and often requires court confirmation. We manage the filings behind a probate sale and coordinate with the listing agent.
Creditor claims and estate debts. Claims arrive from card issuers, hospitals, and lenders, and not all are valid. We review each one and advise the representative on unpaid bills before money leaves the estate.
Disputes among beneficiaries. Disagreement over a house, an unequal share, or an executor's conduct can freeze an estate. We represent clients in problems between siblings and pursue resolutions instead of a trial where that is realistic.
Ancillary probate. A decedent who lived elsewhere but owned property here still needs a California case opened. We file for ancillary probate and coordinate with counsel in the other state.
Petitions to confirm trust assets. Property left out of a trust by mistake can sometimes be brought back in without a full probate through a Heggstad petition. Overlooked deeds and unfunded accounts are the usual cause.
Estates with missing or unknown heirs. A representative cannot close a case until every heir has been identified and served. We conduct the search, document the effort for the court, and account for shares that cannot be delivered.
Troy Werner has practiced for 17 years and holds State Bar certification as a legal specialist in estate planning, trust, and probate law. That credential requires a written examination, peer and judicial review, and continuing education beyond the standard requirement, and fewer than one percent of California attorneys hold one in any field. Confirm his standing through the State Bar's certified specialist search. He earned his J.D. through the SCALE program at Southwestern Law School and is admitted in California and Texas. Christian Legal Aid of Los Angeles named him Pro Bono Attorney of the Year in 2023.
Founder L. Rob Werner opened the firm in 1975. It now operates ten offices, including our Encino office, and serves clients in English and Spanish. Probate attorney fees are generally paid from the estate rather than out of the personal representative's pocket, with the total depending on the size of the estate, the number of assets, and any creditor claims or disputes. We also draft the trusts and wills that keep estates out of court, work handled by an estate planning lawyer in Encino, CA at the same office.
Probate moves property from someone who has died to the people entitled to receive it, under court supervision. A few terms carry most of the weight.
The estate. Everything the decedent owned in their own name at death. Accounts with a named beneficiary and property held in a trust are usually not subject to probate.
The personal representative. The executor named in the will, or an administrator appointed when there is none. Their duties run from collecting assets to distributing the remainder.
The probate referee. A court-appointed appraiser who values estate property other than cash. Most clients encounter the probate referee through paperwork rather than in person.
The beneficiaries and heirs. Those who inherit under the will, or under state rules when there is none.
A straightforward estate in Los Angeles County usually takes the better part of a year. Complications extend it.
Petition filed and a first hearing set, with notice to heirs and publication for creditors
Personal representative appointed and given authority to act
Inventory and appraisal prepared with the probate referee
Creditor claim period runs while debts, taxes, and expenses are resolved
Final accounting filed, distribution approved, and the case closed
Contested claims, a house that takes months to sell, or an heir who cannot be located will stretch that probate timeline past a year. Court calendars add to it. Los Angeles County carries a heavy probate docket, and the wait between filing and a hearing date is rarely short.
Compensation in a California probate is generally calculated from the value of the estate rather than billed hourly, which makes the cost of probate predictable but not always small. Probate files are also public, so the size of an estate and who receives what becomes visible in a way trust administration is not. Neither fact is a reason to avoid probate when it is required. Both are reasons to understand the alternatives before a death occurs, which is why many California families weigh alternatives to probate while the option remains open.
Bring what you have. Missing documents are normal this early, and we can request most of them.
The death certificate, or the information needed to order one
The original will, any codicils, and any trust documents
A list of accounts, real property, vehicles, and debts
Recent mortgage and property tax statements for any real estate
Names and current addresses for the heirs and beneficiaries
The first meeting is free. We will tell you whether the estate needs a full probate, what the next filing is, and how long the case should reasonably run.
Encino estates are filed with the Los Angeles County Superior Court. These are the offices and guides families rely on most.
The court's Probate Division hears decedents' estates, trusts, guardianships, and conservatorships.
The California courts publish a plain-language walkthrough of formal probate covering each stage of a case.
Certified copies of the death certificate come from the county Registrar-Recorder, which accepts death record requests online, by mail, and in person.
When it is time to settle an estate, the first petition sets everything else in motion. Contact us to arrange a free consultation with an Encino probate attorney. We will review what the estate holds, explain the route that fits it, and give you a realistic outlook of the work ahead.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship! See full disclaimer here.
