Probate Attorney in Ojai

Ojai estates that are not in a funded trust go through probate at the Ventura County Superior Court in Ventura, about 35 minutes down the valley. For Ojai’s second-home owners, the probate proceeding may be required in both California and the owner’s state of domicile if the owner was not a California resident. For estate-category Ojai properties worth $1 million or more, the statutory fees are substantial and the process is public, which matters in a community where people know each other.

I am an estate planning attorney serving Ojai and all of Ventura County. I handle both probate proceedings and the trust planning that avoids them. For the preventive plan, see estate planning in Ojai.

Second-home owners and ancillary probate

If the Ojai property owner was a resident of another state, their estate goes through primary probate in that state and ancillary probate in California for the California real estate. Two probate proceedings, two court systems, two sets of attorneys, and two timelines. The California ancillary probate follows California law and California fee schedules, which are substantial. A funded California trust eliminates the ancillary probate requirement for the California property, regardless of where the owner was domiciled. This is one of the most concrete reasons for second-home owners to have a trust.

Out-of-state heirs in Ojai probate

Ojai estates often have heirs who are not in California. Heirs living in Los Angeles, New York, or elsewhere must be notified of the probate proceeding and can receive distributions by mail. For heirs who are difficult to locate or who have complicated family situations, the probate process has additional requirements. For the trust administration that follows a properly funded estate, see trust administration. For future planning, see living trust.

Questions Ojai clients ask

My parent owned the Ojai property for thirty years. Is there significant capital gain? Likely yes. The step-up in basis at death means the heirs inherit the property at the current fair market value without paying capital gains tax on the appreciation during the parent’s lifetime. But that only applies if the property is in the estate at death, which may mean holding it rather than selling during the parent’s declining years. The decision has significant income tax implications.

The estate includes an art collection. How is that handled in probate? Personal property including art is inventoried and valued by a court-appointed probate referee. The art referee may not be a specialist in the type of art involved, which is one reason many families prefer to handle art collections through a trust where they can engage specialized appraisers and make more flexible distribution decisions.

What if the heir does not want the Ojai property? An heir can disclaim an inheritance within nine months of the death, which causes the property to pass as if the disclaiming heir had predeceased. The probate court can approve a sale if distribution in kind is not practical. I can explain the options based on the specific family situation.

Book a consultation at https://ridley.click/eric-60 or call 805-244-5291. I serve Ojai and all of Ventura County.