Experienced Probate Attorney
in Orange County, CA
To make it less difficult, we help streamline the probate and trust administration process, protecting you and your family from unnecessary stress.
Probate
Trust Administration
Experienced Probate Attorney serving Orange County, CA
Losing someone you love is hard enough.
To make it less difficult, we help streamline the probate and trust administration process, protecting you and your family from unnecessary stress.
Probate
Trust Administration
Our goal is simple…
Honor and protect your loved one’s interests while helping you settle their estate as fairly and as quickly as possible.
There’s no question that probate or trust administration prolongs the pain of losing a loved one. It’s complex, challenging, and stressful for your family.
That’s why we work tirelessly to guide and protect you as you administer the trust or probate estate while helping you move through the process efficiently. Whether you need a proven probate attorney or someone to help you administer your trust, we will guide you through the entire process so you and your family can settle the estate with less conflict or stress.
We make probate easier for Executors & Personal Representatives by advancing all costs and expenses so there are no out-of-pocket costs or fees to you.
Our 3-step estate settlement process.
STEP 1
Schedule a Consultation
Request a consultation to review and discuss your estate settlement.
STEP 2
Settle the Estate
Get the guidance you need to reduce family conflict and settle the estate as quickly and fairly as possible.
STEP 3
Find Peace
Feel at peace knowing your loved one’s wishes have been honored.
Meet Edmund Lutes, your Orange County, California Probate Attorney
With over a decade in the legal profession, Edmund Lutes III has helped numerous families and individuals plan their estates and deal with the aftermath of insufficient planning.
Edmund has extensive experience in working with a broad mix of clients, ranging from individuals, families, to small family-owned and operated businesses. He brings a distinct knowledge of real estate and mortgage lending to help his clients protect the value of the estate, even in the most complex of family or legal situations.
Edmund earned a Bachelor of Arts degree in Criminal Justice Administration and Public Administration from the University of Arizona, and subsequently attained his Juris Doctor degree from Loyola of Los Angeles Law School. Whether you need clear, step-by-step guidance or someone to protect estate assets from aggressive creditors, partnering with Edmund means that your loved one’s estate is in good hands.
From our clients
Edmund Lutes handled our probate case, and navigated us through the complexities of the court process. He’s so patient and is a great attorney!!
Frank
Ed is an experienced trust attorney with attention to details and client service. Serva Law group is a team of real professionals.
Terrence
Ed Lutes is just so amazing! He has so much experience and knowledge about Wills and Trusts, and has helped our family set up our estate plan. I'd highly recommend them to handle your family's trust matters.
Robert
Common Questions
HOW MUCH DO YOU CHARGE FOR PROBATE?
The state of California determines probate attorney fee commissions based on the estate’s total value. Under California Probate Code Section 10810, the statutory fees for attorneys and executors in California’s probate cases are 4% on the initial $100,000 and 3% on the subsequent $100,000.
Importantly, the probate fees are the estate’s responsibility and do not require any upfront payment or obligation from the executor or administrator. But we advance all costs and expenses so there are no out-of-pocket costs or fees to you.
HOW LONG DOES THE PROBATE PROCESS TAKE?
The timing is highly dependent on the probate courts, but we are usually able to help clients settle their estate in about two years.
However, an estate that has complications could take longer. But our goal is to work efficiently and help you settle both quickly and fairly.
MUST I PAY MY LOVED ONE'S DEBTS AND EXPENSES IF I AM APPOINTED AS PR OR EXECUTOR?
No, you are not personally liable for the debts and expenses of the estate. The decedent’s assets will be used to pay valid debts and expenses, but not all claims are valid.
We determine which debts and expenses must be paid and when to pay them.
HOW MUCH DO YOU CHARGE FOR TRUST ADMINISTRATION?
The cost and fees associated with trust administration vary depending on the complexity and length of the case. But we offer competitive hourly rates for trust administration.
AM I THE ONE THAT HAS TO TELL FAMILY MEMBERS WHAT THEY DO OR DON'T GET?
If you prefer, we can handle all uncomfortable communications with family members or involved parties during the trust or estate administration, informing or explaining what they will or will not receive from the estate.
Our Newport Beach Location
4000 MacArthur Blvd.
Suite 600, East Tower
Newport Beach, CA 92660
Our Huntington Beach Location
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
Serving clients in Huntington Beach, Costa mesa, and Newport Beach and the surrounding area. We also serve clients not located in California and can meet by video-conference.
We’ve helped countless clients settle their loved one’s estate and have a great team of staff knowledgeable in California probate law to help guide you through the process.
Request a consultation or call (949) 688-1430 to find out how we can help you settle the estate as quickly and fairly as possible.
California Probate FAQs
HOW DO I AVOID PROBATE?
Avoiding probate in California might be an option for those planning for the future, but it's important to recognize that it may not be an option if you're dealing with a recent loss.
For those looking ahead, creating a living trust, designating beneficiaries on accounts, and utilizing joint ownership may bypass the probate process, ensuring a smoother transition of assets. If you're currently facing the probate process, our experienced team is here to guide you through each step, providing support and expertise to make the journey as straightforward as possible.
WHAT IS THE PURPOSE OF PROBATE?
The purpose of probate is to settle a deceased individual's estate through the probate court. It involves validating the decedent's will, appointing someone to manage the estate (the personal representative), paying the estate's debts and taxes, and distributing the remaining assets to the rightful heirs. The process also includes handling legal matters such as settling liabilities, transferring ownership of assets, and formally closing the estate.
What is the amount for probate in California?
If the total value of personal property (things that you own and can move like furniture, jewelry, vehicles, etc.) and real property (a house, undeveloped land, or a building) in the estate is less than $184,500 (or $166,250 if the deceased passed away on or before April 1, 2022) then you may be able to administer the estate using small estate affidavits and dispose of the estate without an administration. Be wary though. The process still requires careful attention to detail.
What are the different types of probate in California?
Informal Probate
This is the less complicated route for estates with a value less than the small estates threshold, ideal when everything is in order and there are no disputes. While it's more straightforward, it can still take 18 months or more. Patience is key.
Formal Probate
Formal probate is often necessary when there are questions about the will or if an Administrator needs to be appointed by a judge. Once the Administrator is appointed, the process may become relatively unsupervised, allowing for more flexibility. It's a blend of structure and autonomy that can suit various situations. For complex or contentious situations, the court may oversee everything. It's thorough and ensures that everything is done by the book, but it can be quite involved.
Intestate Administration
Intestate means the decedent passed away without a will. Intestate administration can be an informal or formal process, depending on the value and complexity of the estate and family dynamics.
Probate can be a long and stressful process… but it doesn’t have to be.
Hiring the right legal team can be the difference between painlessly settling the estate as quickly as possible or spending years battling with creditors and family members.
Serva Law Group will guide you step-by-step through this daunting process so you and your family can move forward with dignity and confidence.
Or Call (949) 688-1430