What should you bring to your probate hearing?

This is a question that clients regularly ask just before their scheduled hearing. In probate cases, there is typically a court order that is issued by the court based on the outcome of the hearing. In this regard, if the Order can be lodged with the court before the hearing, we will do so. Unfortunately, [...]

By |2021-03-17T14:10:38-07:00June 13th, 2018|, |Comments Off on What should you bring to your probate hearing?

Why is the probate court requiring a bond?

A probate bond is an insurance policy for associated parties of the decedent should the executor breach a fiduciary duty while administering the decedent's estate during probate. The bond's size generally correlates with the estate's size.  For example, per Probate Code § 8482(a)(1)-(3), "the court in its discretion may fix the amount of the bond, [...]

By |2021-03-17T14:10:39-07:00April 16th, 2016|, |Comments Off on Why is the probate court requiring a bond?

How big does an estate have to be to require probate?

Estates that have a gross value of over $166,250 (if decedent died before April 1, 2022) or $184,500 (if decedent died after April 1, 2022) of personal property (assets consisting of cash, stocks, and tangible personal items) normally require probate. Any estate that includes real property worth more than $55,425 (if decedent died before April [...]

By |2022-05-12T07:44:06-07:00April 16th, 2016|, |Comments Off on How big does an estate have to be to require probate?

Are there alternatives to filing probate?

In California, there are several alternatives to the full, formal probate. Some of these are: If the total gross value of a deceased person’s personal property does not exceed $166,250, a non-court affidavit procedure may be used on behalf of the beneficiaries to avoid a “full” probate. If the gross value of a decedent’s real [...]

By |2021-03-17T14:10:39-07:00April 16th, 2016|, |Comments Off on Are there alternatives to filing probate?

What costs are involved in probate?

There are many third-party costs associated with filing a California probate proceeding. These costs are in addition to professional document preparation services or attorney fees should you hire a professional to help you. A typical estate may incur $1,000 to $2,000 in court costs and other mandated fees. A list of common third-party costs in [...]

By |2021-03-17T14:10:39-07:00April 16th, 2016|, |Comments Off on What costs are involved in probate?

How much does probate cost?

Probate is not an inexpensive process in California. There are several small estate probate proceedings that are reasonably inexpensive to undertake. A full probate, can run several thousand dollars in fees and costs, even when you do it yourself. Filing a probate with the help of an experienced probate legal document assistant is the cheapest [...]

By |2021-03-17T14:10:39-07:00April 16th, 2016|, |Comments Off on How much does probate cost?

How long does California probate take?

If there are no unusual problems, a typical California probate proceeding can be concluded in approximately seven to twelve months. Due to crowded court calendars, hearings are often held six to ten weeks after the initial probate petition is filed. After Letters of Administration are issued, there is a mandatory four-month creditor claim period. There [...]

By |2021-03-17T14:10:39-07:00April 16th, 2016|, |Comments Off on How long does California probate take?

How are the decedent’s debts handled in probate?

Anyone who winds up a deceased person’s affairs must see that all legitimate debts are paid. Claims are received two ways – formally and informally. At the formal level, the Notice of Petition to Administer Estate published in the newspaper gives legal notice to all creditors to file their claims within four months after issuance [...]

By |2021-03-17T14:10:40-07:00April 15th, 2016|, |Comments Off on How are the decedent’s debts handled in probate?