Probate
Probate is the court-supervised process of administering a deceased person's estate. In California, probate may be required when someone dies owning more than $208,850 in assets in their individual name and either had only a will or no will at all. Probate proceedings are handled by the probate department of the Superior Court in the county where the deceased person lived or owned property.
If you are unsure whether probate is required, we can review your situation and help determine the appropriate next steps.
When is probate required?
Probate may be required when a person dies (the decedent) and:
Had more than $208,850 in assets in sole name
Did not have a trust
Had assets that were not properly transferred to a trust
And/or did not have jointly held assets or beneficiary designations on all assets
In these cases, probate proceedings will likely be necessary to distribute the decedent’s assets.
Not all court probate proceedings are long, drawn out affairs. There are simple proceedings that require only one petition filing and a court hearing.
A couple examples of simple petitions are spousal property petitions to transfer or confirm property to a surviving spouse, or Heggstad petitions to get a court order to transfer an item of property mistakenly not transferred to decedent's valid trust prior to death. If any particular probate petition or legal document is required, we have the experience to recognize this and prepare the correct legal document.
When a traditional, full probate court proceeding or administration is required to distribute decedent's assets, it generally takes at least a year to complete.
What is the Probate process?
If the decedent left a will, then the court will use that to determine distribution of the assets. If there was no will, the court will use the probate code guidelines to distribute property to the decedent's heirs at law.
Probate administration often involves:
Notifying beneficiaries and interested parties
Identifying and valuing estate assets
Paying creditors
Resolving tax and administrative matters
Distributing estate assets
The process may be slower than a trust administration due to required court petitions and court hearings. The attorney fees for representing you as a personal representative of an estate are based on the value of the estate and are paid from the estate at the end of the probate court administration process. The breakdown of attorney fees for probate court administrations can be found below or in California Probate Code 10810.
We represent personal representatives (also called executors or administrators) throughout all phases of the probate process. Our goal is to help make the process as efficient, straightforward, and stress-free as possible.
If you are a beneficiary of an estate and would like assistance in determining or asserting your interests and rights, we would be happy to represent you on an hourly basis. Those hourly fees would be paid personally by you.
How much does probate cost?
Attorney compensation for probate administration is established by California Probate Code section 10810. A personal representative (executor or administrator) may also be entitled to statutory compensation. These fees are separate from probate costs such as court filing fees, publication fees, appraisal fees, and other administration expenses.
Probate costs typically include court costs and filing fees, which are often between $2,000 and $4,000, in addition to statutory attorney and personal representative fees.
Statutory probate fees are calculated based on the gross fair market value of the estate and do not take debts or mortgages into account.
The fee percentages for attorneys and administrators are:
4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
.5% of the next $15,000,000
For all amounts above $25,000,000, a reasonable amount will be determined by the court.
Need Help Navigating Probate?
Probate can feel overwhelming, especially while grieving the loss of a loved one. We are here to guide you through the process, answer your questions, and help you move the administration forward as efficiently as possible.
