Probate begins and ends with a petition.  The initial petition is to appoint a personal representative, also known as an executor or administrator, to manage the estate.  Once appointed, At least 120 days must elapse before a second petition can be filed, apprising the court of the assets of the estate, and who is entitled to receive them.  In between those two petitions, the personal representative marshals and appraises estate assets, notifies creditors, and keeps beneficiaries informed.  

Expect probate to take at least a year, and sometimes much longer depending on the complexity of the estate and how busy the court is.  

Note: Expect the coronavirus pandemic to add 1-4 months to any process involving the court system.

California law provides for attorney and executor fees by a statutory formula, based on a percentage of the gross value of the estate.  The formula is as follows: 4% of the first $100,000 in value, 3% of the next $100,000, 2% of the next $800,000, and 1% on assets over 1 million and up to 10 million.  Additionally, courts will award “extraordinary fees” for services performed outside the standard scope of a probate administration.  Probate also involves administrative costs, typically between $1,000-$2,000, depending on the county and complexity of the case.

Even without a trust, probate can sometimes be avoided.  A surviving spouse can petition the court to request that any property which he or she would ordinarily receive in probate be transferred directly to him or her without incurring the time and expense of a full-blown probate.  This applies to community property, the surviving spouse’s interest in the decedent’s separate property, and any property specifically designated to the surviving spouse by the decedent’s Will.

If the gross value of an estate is $150,000 or less, beneficiaries or heirs of the estate may bring a Petition to Determine Succession under Probate Code section 13100 et seq.  If done properly, this can transfer property to the beneficiaries or heirs of a decedent without going through probate

While most estates, whether in trust or in probate, are administered without major issues, conflict can and does occur.  Our office is experienced in estate litigation and prepared to assist clients should it arise.  Whether you’re contesting or defending an estate, our office can help you protect your rights and assets.