Probate

Probate is the legal process where the court is in charge of overseeing the administration of deceased person’s estate. The court monitors the actions of the person who is in charge of administering the estate and also approves the distribution of estate assets to heirs and beneficiaries.

No. In most cases, probate is only necessary when estate assets have not been transferred to a living trust or, have not been effectively designated to pass to beneficiaries in some other fashion, and the value of the assets are more than the statutory minimum required for a probate proceeding.

It depends on whether the person who passed away had a will or died “intestate” (i.e., without a will). If the decedent left a valid and enforceable will, the terms of the will govern how estate assets will be distributed to heirs and beneficiaries. If the decedent did not have a will, then estate assets will be distributed to the decedent’s heirs as defined by California law.

Probate can be an intimidating process. Indeed, there are legal documents to draft; a petition to publish; notices to serve on heirs; bonds to file; estate property to inventory and appraise; debts and taxes to pay; and a myriad of strict rules that must followed at each step of the process. Therefore, it is best that you retain an experienced probate attorney to insure your matter is handled properly.

California law provides for attorney and executor fees in probate cases. These fees are primarily based on the value of the estate and have to be approved by the court. Additionally, there are administrative costs (e.g., court filing fees, publication fees, bond fees, recording fees, and messenger fees) associated with a probate matter.

Fortunately, attorney and executor fees are paid by the estate when the estate is ready to be closed, so L&D clients do not have to pay any upfront fees. Typically, L&D will advance some – if not all – of the administrative costs incurred in a probate matter.