AFFIDAVIT $1499 Estate Value Up To $166,249
SERVICE $3499 PAYMENT PLANS AVAILABLE
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ACCOUNTING STARTS $699 Additional court fees may be required.
Probate is a legal proceeding that is used to wind up a person’s legal and financial affairs after death. In California probate proceedings are conducted in the Superior Court for the county in which the decedent lived, and can take at least eight months and sometimes as long as several years, if the matter becomes contested.
If you want to file a probate in California, the probate law does not require you to hire an attorney to settle the estate. The average simple estate can often be settled using the guidelines of self-help materials and the services of a Registered Legal Document Assistant to prepare your probate paperwork.
Mandatory court filing fee for Initial Petition $435 Newspaper Publication Fees Probate Referee Fee: 1/10th of 1% of the total assets appraised, which is paid by the estate.
In some cases, the Probate Court may oversee the division of property of someone who has died. This property is called a decedent’s estate. The court supervises the assets and liabilities of people who die while they are residents of California or who leave property inside the state. This includes payment of the dead person’s debts and the distribution of property to beneficiaries.
A dead person’s estate will not be handled in probate court if there is a surviving spouse and the estate consists entirely of community property, or the dead person’s property is held in joint tenancy with another person. Property transferred by gift before death, or placed into certain types of living trusts, also is not subject to probate. Whether the court must be involved depends on a number of things. These can include whether the person was married at the time of death, the type and value of the property the person owned and other things.
If no Will exists, the property (estate) is divided among the person’s heirs. In California, if the person has a spouse and/or children, the property first goes to them. If there is no spouse or children, the property goes to the person’s next nearest relatives. In these cases, the court will appoint an administrator to manage and distribute the assets. This person is known as the executor.
Sometimes a full probate proceeding is not needed. This would be true if the estate is not worth more than $166,249. Another example would be if everything goes to the person’s spouse.
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This is filed if the person died without a Will. The person filing it is asking the court to have an administrator appointed to act as personal representative of the estate.
A petition to authorize limited acts on behalf of the estate pending issuance of permanent letters, or to authorize permanent powers pending a will contest. This petition can be heard and granted ex parte if it is not contested.
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Navigating the probate process can be overwhelming, especially during an already emotionally challenging time. With LDA Pro Legal by your side, you have access to expert guidance and legal assistance. Our team consists of experienced legal document assistants who specialize in probate services in California. We are well-versed in the legal requirements, deadlines, and procedures involved in probate proceedings. We can help you navigate the complexities of the probate process with professionalism and expertise, ensuring that all necessary documents are prepared accurately and in compliance with California probate laws.
