top of page

WHAT IS PROBATE?

Short answer: A lot of paperwork over the course of an average 12-18 months (depending on the complexity of the case).  Probate is the process in which a decedent's estate is administered through the court system to:

(1) verify who are the heirs (next of kin) pursuant to the law and their entitlement to any assets by law or (2) determine the validity of a will and confirm who are the beneficiaries of it.

  1. Probate will be required if the individual passed away before April 1, 2025, without a trust and had assets collectively worth more than $184,500.00.

  2. Probate will likely be required if the individual passed away on or after April 1, 2025, without a trust and had assets that were:

  • Real Estate "Primary Residence" valued at $750,000 or more; and/or

  • Personal Property (Vehicles, Collectors Items, Money Accounts without POD Beneficiary, etc.) valued at $166,250 or more; and/or

  • Secondary/Rental/Commercial Properties valued at $166,250 or more.

​​​

WHAT IS AN EXECUTOR OR ADMINISTRATOR?

The person appointed by the court as the personal representative to gather the assets, pay debts and expenses, and then distribute the rest of the estate to the beneficiaries is called either the executor (if there is a will) or an administrator (if there is no will). 

​

​

Judge and Gavel

PROBATE AVOIDING ASSETS​​

  • Trust Assets

  • Accounts (bank, IRA, stock, etc.) with beneficiaries, joint tenancy, or right of survivorship

  • Real Estate held in joint tenancy or right of survivorship

  • Life Insurance Proceeds

  • Transfer on Death (TOD) or Payable on Death (POD) accounts

  • Decedent's Primary Residence if valued less than $750,000 and the decedent died after April 1, 2025

PROBATE FEES

Probate fees are based on the gross value of the decedent's estate as described in California Probate Code section 10810 which states:

​

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; and

0.5% of the next $15,000,000.

A reasonable amount is determined by the court for amounts above $25,000,000.

​​

The Administrator and the Probate Attorney are both entitled to these fees.  The amount owed will be determined and confirmed by the court after an appraisal by a court appointed appraiser called a Probate Referee is completed during the probate process.  The Probate Attorney can request extraordinary fees depending on the circumstances of the case.

​

The client will be responsible for costs such as court costs, court fees, and publication fees where applicable.  An initial retainer to cover these court cost will be required.

​

WHAT IS THE PURPOSE OF PROBATE?

The purpose of probate is to determine:

  • If a will exists and if it is valid;

  • Who are the decedent's heirs and/or beneficiaries;

  • If there are creditors to the estate;

  • Assets of the decedent;

  • The decedent's financial responsibilities; and

  • How to transfer the decedent's property pursuant to the Probate Code.

Courtroom

Let's connect!

1000 Lakes Drive, Suite 450

West Covina, CA 91790

​

11531 S. 6th Street, Suite 105

Ontario, CA 91762

626-587-0009

Thanks for submitting!

Couple Holding Hands

Spousal Property Petition

A Spousal Property Petition can be filed by a surviving spouse or registered domestic partner when the question is about title or ownership of property.  There are three times this type of petition is appropriate when the surviving spouse can show entitlement to the asset because:

  • The asset was titled in "community property" (not specifying "with right of survivorship"); or

  • There is a will leaving all assets to the surviving spouse; or

  • There was no will, but the deceased spouse's name is on the title, and the surviving spouse will receive the asset through intestate succession.

This is a simplified probate petition which requires only one hearing.​  The cost is a minimal flat fee.

What is a Small Estate Affidavit?

In the state of California, a small estate is anything estate including real and personal property belonging to the decedent that don't qualify upfront for a probate process.

This affidavit is signed under the penalty of perjury and it is used to collect the real property and personal property of the decedent. 

However, the affidavit cannot be filed until forty (40) days after the decedent's death.

Student Paper Writing
bottom of page