Probate is a legal process, conducted in the Superior Court of the California county of the decedent, which is used to wind up a person’s legal and financial affairs after death. The process can take at least six months and sometimes as long as several years. The advantage of probate is that a judge, who can decide disputes between heirs or between the heirs and the executor, controls the proceedings. Creditors are required to submit their claims against the estate within a four-month period, provided they have been notified of the probate. The disadvantages of probate are the costs, which are usually much higher than would be required for the administration of a living trust, and the length of time required to probate an estate versus administering a trust.

The costs of probate are determined by California Probate Code section 10810, which sets the maximum statutory fees that attorneys can charge.  The fees are 4 percent of the first $100,000 of the estate, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9,000,000, and 1/2 percent of the next $15,000,000. For estates larger than $25,000,000, the court will determine the fee.

During a probate, the court appoints a personal representative. If there is a will that names an executor, the court typically appoint the executor to act as the personal representative. If there is no will, the court will appoint an administrator to act as personal representative from a list of persons of priority according to the California Probate Code. The personal representative makes an inventory of the estates assets, locates creditors, pays bills, files tax returns, and manages the estate assets. When all of the duties of the personal representative are completed, another petition is filed with the court asking that the estate be distributed to the heirs. The executor makes an inventory of the estate’s assets, locates creditors, pays bills, files tax returns, and manages the estate assets. When all of the duties of the executor are completed, another petition is filed with the court asking that the estate be distributed to the heirs.

If a family member has recently died owning property in California, we invite you to contact The Law Offices of Esther Hopkins.  We’ll handle the legal matters on your behalf, while you focus on taking care of your family during its time of loss.  The Law Offices of Esther Hopkins represents executors, administrators, and trustees in probate, estate, and trust and administrations throughout Southern California.

The Law Offices of Esther Hopkins is a California estate planning and business law firm serving the communities of Thousand Oaks, Camarillo, Newbury Park, Oxnard, Simi Valley, Westlake Village, Agoura Hills, Calabasas and Los Angeles.

To set up an appointment or to get answers to your questions right away, call us at 818-597-3500.