As mentioned before in the Wills tab, probate is the process that occurs after an individual has passed away that involves distributing assets and taking care of any debts. Probate occurs regardless of whether or not there is a will. Probate fees are actually set by California Probate Code section 10810. Some Probate costs in California include your probate attorney, the probate court, real estate appraiser for each property in your estate, legal notice - local newspaper, a surety bond – required for the Executor, CPA or tax consultant, etc.
Attorney fees alone are:
(1) Four percent on the first one hundred thousand dollars ($100,000).
(2) Three percent on the next one hundred thousand dollars ($100,000).
(3) Two percent on the next eight hundred thousand dollars ($800,000).
(4) One percent on the next nine million dollars ($9,000,000).
(5) One-half of 1 percent on the next fifteen million dollars ($15,000,000).
This is reasoning behind many people using Trusts to avoid probate and the Fees. Both irrevocable and revocable trusts bypass the probate process. Without a Trust, any property you own at your death goes through probate. But when you put property into a Trust, the Trust owns the property – not you – though you have full control in a revocable Trust as trustee, so trust property doesn’t go through probate. This fact alone will save a huge headache, as well as a lot of money, for your beneficiaries.
If your estate is under $150.000. California allows your estate to skip much of the probate process.
Please call on our firm to discuss this further.
Our probate law attorneys will settle disputes that often arise with the last will and trust. Probate litigation is useful when there is a dispute over the final recipient of the assets. Probate attorneys provide a legal buffer that protects you if someone disputes the distribution of large estate items. They will explain what is probate law and how it impacts the distribution of assets. Probate law firms like ours provide you with the necessary information to protect the will and all of the desires that were laid out by the creator.
Are you searching for an experienced and knowledgeable probate law attorney? Although probate litigation can be very messy, we make the process as easy as possible. If you need help to clarify what probate law is, our probate attorneys will make sure you understand how it protects the intent of the trust. As one of the area’s top probate law firms, we help the probate process go smoothly.