Probate Administration

When a property owner in California dies, many assets that aren't held in trust must be managed and divided under the supervision of a court, during the probate process. If the decedent did not leave a will, California state law will govern the distribution and administration. The probate process results in delays and might consume a lot of resources.

It’s best to avoid probate if possible. Probate typically takes one year to eighteen months and might take numerous years to complete. One way to avoid probate is to establish a trust. With a trust, assets that are administered by the trust will be governed and distributed according to the trust, and will avoid the probate process.

How Can We Help?

We will work with you to administer the estate of the deceased, to find and to distribute the estate assets to all heirs. We will guide you and advice you every step of the way.

How Does the Probate Process Work?

Usually one of the decedent’s family members files a petition to a Superior Court seeking to be appointed as Executor or Administrator of the decedent’s estate.
If there is no will, the petition so as to be a Personal Representative in a prioritized list which is administered by the Probate Code.
Creditors might apply to be a Personal Representative in case no person with a higher priority opts to act.
In case there a will, it's attached with the application. Relatives or inheritors are given notices to inform them of the hearing date.
If there is a dispute or will contest regarding who ought to play the role of a Personal Representative, the first probate hearing determines who will serve in this role. In case of a dispute, a will contest, or competing petitions, the first hearing will be the foremost chance for the case parties to discuss the issue with the law court and determine the path to follow in resolving outstanding issues.
The Personal Representative lists the estate's assets, administers estate assets, files tax returns, pays bills, and locates creditors.
After all Personal Representatives have completed their duties, there is the filing of another application with the court in order to request the distribution of the assets to the beneficiaries. Also, there is the filing of final tax returns.

How Much Does Probate Cost in California?

California probate attorneys usually charge statutory charges, as stipulated by California Probate Code 10810. Notably, the code determines the cost of probate in cases that are more complex. Probate is typically more costly compared to creating a California Trust.

Lawyers involved in probate usually charge the following fees as set by the Probate Code:

4 percent of the first $100,000 of the probate estate
3 percent of the following $100,000
2 percent of the following $800,000
1 percent of the following $9,000,000
and 0.5 percent of the following $15,000,000.

A court of law determines the fees of estates that are over $25,000,000.

Only a trust can help you avoid the probate process. A will cannot.

How Can you Determine the Value of the Estate?

An estate's value can be determined by offering a law court an inventory of assets that are held by the departed before death. Debts are usually omitted during the determination of this value. For instance, if the value of a house is $3,000,000 but has a loan of $1,000,000, the value of the house will be $3,000,000 when determining the estate's value.