Probate

Probate is the process by which a deceased person's estate is concluded and property is distributed according to a will or, if there is no will, by the intestacy statute. The process can be quite complicated and frequently takes six months to a year to complete and distribute assets. There are formal steps that must be taken--from filing to open probate, to publishing legal notices, to notifying creditors of the death.

My goal is to help my clients get through this process as quickly as possible so the estate can be distributed to the beneficiaries. Below is a summary of some of the advantages and disadvantages of processing an estate through probate. As always, this is general information and is not intended as legal advice. If you would like information about your specific situation, please contact me for a free consultation.

Advantages of Probate

While most clients who plan in advance hope to avoid probate, the process does have some advantages. First, the proceedings are controlled by a judge who can resolve disputes between heirs or between the heirs and the executor. Second, creditors are required to submit their claims against the estate within a fixed time period and, once that time period has elapsed, they are normally barred from bringing new claims. Third, the executor is required, usually, to prepare an accounting and report of his or her activities.

Disadvantages of Probate

The disadvantages of probate administration are significant. First, probate is usually much more expensive than administration of a living trust. Second, it takes much longer to probate an estate than it would take to conclude a trust. Third, the process is a matter of public record and the court's files can usually be examined by interested parties. These disadvantages frequently encourage clients to take steps to avoid having their estate submitted to probate; but if the death has already occurred, probate may be the only option.

Costs of Probate

California Probate Code § 10810 sets the maximum statutory fees that attorneys can charge for a probate. The maximum fee is calculated by the value of the estate. For example, an estate valued at $250,000 would incur maximum attorneys fees of $9,000--note that there are other expenses including court costs and potential executor's fees that will also need to be paid.

For the most part, I charge substantially less than the statutory maximum and I also offer a free consultation to discuss your specific situation--you will know, in advance, how much I would charge to handle the probate process you are dealing with.

Alternatives to Probate

California also has a number of alternatives that may allow an estate to bypass probate altogether. For example, if an estate is valued at less than $100,000, it may qualify for summary administration. There are also alternative procedures that may apply to the estate of a deceased married person who leaves behind a living spouse. These alternatives are frequently much cheaper and faster to complete--if they apply.

Important

This information is not to be construed as legal advice; you should consult an attorney about your specific issue before relying on anything discussed on this website. If you are looking for advice about your specific legal issue, I offer all prospective clients a free initial consultation and my services are available on either an hourly or flat-rate basis and at reasonable prices. Please feel free to contact me if you have any questions--my contact information is available here.

This web site is designed to provide general information about the services offered by the Law Office of Neal E. Bartlett ("the law office") and constitutes attorney advertising under the California Rules of Professional Conduct. The information presented at this site should not be construed to be formal legal advice nor does it form the basis of a lawyer/client relationship. No lawyer/client relationship is formed until you and the law office sign (either in writing or electronically) a retainer agreement stating the nature of the legal services that the law office will provide to you and the actual or estimated costs of those services. Any information provided to the law office that does not result in a retainer agreement between you and the law office will be kept confidential but may be subject to disclosure pursuant to court order or the applicable ethical rules.

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