Probate

Probate is the process where the court oversees how a deceased person's assets should be distributed.  Unfortunately this process can be both expensive and time-consuming, often lasting at least a year.  Although not required, seeking assistance from an attorney is highly recommended to navigate the many court requirements and to prevent further delays in this already lengthy process. 

During probate, several tasks must be accomplished, including:

• Validating the deceased person’s will (if they had one)
• Appointing someone to act as executor or personal representative
• Taking inventory of all belongings
• Taking inventory of debts
• Paying off debts
• Distributing remaining assets to heirs named in the will or by intestacy

Probate Costs and Fees:

• Court filing fees (~$1,000)
• Attorney and executor fees (set by California statute)
• 4% of the first $100,000 
• 3% of the next $100,000 
• 2% of the next $800,000
• 1% of the next $9M
• ½% of the next $15M
• Estates larger than $25M the court can determine the fee
• Appraisal fee (~1% of the appraised value, if real estate is part of the estate)
• Bond for executor or personal representative unless waived by the will or all beneficiaries (still required if executor or personal representative is an out of state resident)

If you have been named as the executor in a decedent’s will, or if there was no will and you'd like to act as administrator, please contact our office to see if we can help.

Other cases handled in Probate Court:

• Guardianship of the Person (minor)
• Guardianship of the Estate (minor's estate)
• Conservatorship of the Person
• Conservatorship of the Estate
• Spousal Property Petition
• Heggstad Petition (to confirm trust assets)
• Petition to Determine Succession to Real Property
• Petition for Transfer Orders (California Conservatorship Jurisdiction Act)
• Affidavit Re: Real Property of Small Value

*Please note:  We are not currently taking on any contested matters, but we can refer you to a firm that is.