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CALIFORNIA PROBATE probate in California, probate, California probate, probate attorney
A People’s Choice can save you thousands of dollars by preparing your
California probate documents instead of an expensive probate attorney!
Estate Planning Learning Center
Our online learning center provides quick access to valuable information contained in our web
site, California and Federal Codes, Court web sites and other legal sources of information.
Understanding probate and probate alternatives:
Probate is a legal proceeding required to settle a deceased
person’s estate, paying all debts of the decedent, and distributing the property to the heirs and beneficiaries. When a living
trust holds title to some of the decedent's property, however, that property also passes to the beneficiaries without the
necessity of going through probate. A court probate of a will, depending on the size of the estate, can be expensive and time-consuming.
Previously, all estates had to be formally brought before a judge before assets could be distributed to the beneficiaries. In
more recent years, however, the courts have simplified the process and now there are several ways to transfer property
at death. Some of these procedures do not even require formal court proceedings. The term “probate” is often used loosely
to describe any process where an estate is settled and distributed.
Do you need a probate attorney?
If you want to file a probate in California, the probate law does not require you to hire
an attorney to settle the estate. The average simple estate can often be settled using the guidelines of self-help materials
and the services of a registered legal document assistant to prepare your probate paperwork. Some complications that may require special knowledge or handling by an attorney are:
- Ambiguities in a will,
- Contested claims against the estate,
- Estates that have more debts than assets, or
- Estates that have unresolved claims.
Statutory probate fees:
One advantage of handling the probate estate work yourself is not having to pay statutory
probate attorneys’ fees. Probate attorneys’ fees have been set by law and are based on a percentage of the gross estate.
These statutory fees are based on a formula found in California Probate Code §§10810 and 10811. A probate attorney may collect:
4% of the first $100,000 of the gross value of the probate estate,
3% of the next $100,000,
2% of the next $800,000,
1% of the next $9,000,000,
½% of the next $15,000,000, and
a “reasonable amount” as determined by the court for everything above $25,000,000.
For example, in a probate estate with a gross value of $150,000, the probate attorney may collect $5,500. If the estate was
valued at $400,000, fees would be $13,000. The value of the estate is not reduced by any mortgages or debt that may exist
. For example, if an estate consisted of one piece of real property worth $600,000 that had a $500,000 mortgage which
reduced the decedent’s equity to only $100,000, the probate attorney’s fees would still be $15,000 based on the gross value of the estate.
Probate proceedings can be categorized into two different types, simplified probate procedures and regular probate. If an
estate does not qualify to file under one of the simplified procedures, the estate will need to proceed under a full probate. Click here to learn about options for simplified probate proceedings.
Who Can Represent the Estate?
The estate representative (executor or administrator) represents the estate in a court
proceeding. If there is a will which names an executor, that person is the estate representative. If there is no will (the
decedent died intestate), a person can petition the court to be the estate representative who is called an “administrator.” If
there is a will, but no executor has been named or the person named is unable to serve, a person can petition the court to
be the estate representative who is called an “administrator with will annexed.”
The California probate process: The probate process takes a minimum of 7 to 8 months. Upon the filing of the probate,
the court will set a hearing to appoint the estate representative. Probate letters are issued by the probate court giving the
representative of the estate the authority to perform certain acts on behalf of the estate. During the probate process, notice
to creditors and other entities must be provided, and an inventory and appraisal made of the decedent’s assets. When the
estate is ready to be closed, a Petition for Final Distribution can be submitted to the court for approval.
Filing Your Proceeding Using our Self-help Services: In view of the voluminous paperwork required by the court,
preparing all of the necessary probate documentation can easily be overwhelming for the average lay person. For routine
proceedings, this process can easily be facilitated with our full service document preparation and processing.
A People’s Choice can save you thousands of dollars by preparing your
California probate documents instead of an expensive probate attorney!
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