Probate
Probate is the court process to distribute assets after someone has died. If there is a will the assets are distributed according to the will. If there is no will the court distributes assets according to California probate law. The law provides who qualifies as an heir of the deceased. Probate proceedings are complex and typically last a year or more.
A personal representative (or executor), approved by the Court, has the responsibility of paying debts, identifying the decedent’s property and distributing the property per the will or California law when no will exists.
If a deceased person’s assets are held in a trust there generally is no probate of those assets and no court involvement; assets are transferred to beneficiaries almost immediately.
Attorneys fees are set by California law for routine probate administration. We give a 20% discount to AARP members. Extraordinary attorneys fees are incurred for non-routine probate matters such as challenges to the will, sale of property, or lawsuits involving the estate. Attorneys fees are paid by the estate, not the personal representative. The personal representative is entitled to compensation as well.
The probate process is often complicated by the competing interests of the creditors, family members and beneficiaries making the probate process time-consuming and costly.
The job of personal representative is not easy given the many competing interests of the creditors and prospective beneficiaries. We can help you handle this very important role effectively and efficiently.