We handle probate cases as a routine part of our practice. Probate for an experienced attorney with no issues (meaning no contests or uncooperative beneficiaries) is very straightforward. That said, the act of opening probate and probate an estate is rarely straightforward for the family and loved ones of the person who died. Probate for [...]
Estate Planning, Southern California Attorney
Category Archives: California Probate
Yes, We Do Probate.
It is almost a given that when an attorney says he or she does estate planning and trust administration that their practice also includes probate.
Probate is the court process of determining title of assets belonging to a decedent who died either with or without a Will. Probate is necessary where there are assets out [...]
How Long Should Probate Remain Open?
Speaking of probates, an estate should be opened for no longer than one year or 18-months without filing a petition to close or a status report. If you are a beneficiary to a probate estate opened longer than this time period, you may have grounds for demanding a status report, filing objections or otherwise (in [...]
Initial Probate Filing Fees Changed for 2008.
The filing fee paid directly to the court to open a probate case (e.g., file a petition for probate) has been modified in 2008.
The filing fee is based on the value of the estate as it will be inventoried to the court.
The initial filing fee is now $320.00 for probate matters.
Before the filing [...]
But the Only Asset is a House.
A common question in a probate matter …
My mother died and left her home in her name. That’s all she had. And she didn’t have a Living Trust. What happens when I want to keep the home, but we have to pay for probate expenses like attorneys fees and credit card bills?
The answer, in most [...]
If No Will or Trust, Your Personal Representative Will Need to be Bonded
Funny how not having a Will or Trust to protect your loved ones can also cost them more money.
If you do not have a Will or a Trust that waives bond, the court will require that your personal representative be bonded unless all of the heirs at law agree to waive bond. And even [...]
Successful Petition for Extraordinary Fees for Client.
Being appointed a Personal Representative (PR) for an estate is lots of work. It is about winding up someone’s life and reconstructing their affairs at the same time. It means sorting through mail, calling financial institutions, paying bills and otherwise wrapping up what that person was involved with.
For some estates, it’s more work than imaginable. [...]
Is Probate Required When There is a Just a House?
This probate question was posted today on a listserv I belong to. It is a good question and one that is asked by many people.
"If a person dies without a will and has only her adult children as survivors, must those children pay the parent’s creditors? The estate has not been probated because the [...]
Closing a Probate Estate.
Yesterday, I posted a quick tidbit about probate.
One of things about opening probate is closing the probate estate. Thus, the ultimate goal of the probate process is the smooth transfer of title to the assets belonging to a decedent to the beneficiaries or next of kin.
Closing the probate is the final step and [...]
A Quick Tidbit About Probate.
In California, probate is the formal legal proceeding for the administration of a decedent’s estate. It is what happens when someone dies with or without a Will and their assets are worth more than $100,000.
Estate administration has 3 main functions:
1. Provide systematic collection of the decedent’s assets (also called marshaling decedent’s assets)
2. [...]
