• probate in monterey county

File Probate in Monterey County

At A People’s Choice, we can help you file your Monterey County probate matter at an affordable price. Many people are unaware that it is not necessary to hire a lawyer to file probate in Monterey County. Nowadays, probate attorneys are becoming somewhat unnecessary in estates where the heirs and beneficiaries are in agreement and there are no contested issues. Learn more about how you can file probate in Monterey County and how A People’s Choice can help you save thousands of dollars in the process.

When you file probate in Monterey County, there are several aspects of court protocol and the probate process that you must be aware of. Some of these are:

  • proper court division
  • understanding local court rules
  • applicable local court forms
  • approved probate referees
  • availability of court call
  • how to access the court docket

We will address each of these matters in greater detail below.

“Thanks to A People’s Choice, I was able to get through a probate matter very smoothly. I had not one issue with the Court! A People’s Choice guided me through the entire probate until the very end.” R. Leonard
“It did not matter that I did not live near their corporate office. A People’s Choice did a excellent job keeping me informed with everything that I needed to do. I saved THOUSANDS of dollars by going with A Peoples Choice.” R. Leonard
“I saved a lot of money by not having to pay the statutory percentage to an attorney. I want to thank A People’s Choice for the wonderful service they offer! An immense THANK YOU!” R. Leonard

We can help you
File Probate in Monterey County!

  • or call 1-800-747-2780

Probate cases fall into one of three categories: probate of wills, trusts and estates, conservatorship, and guardianship. The probate of wills, trusts and estates consists of the process in which a deceased person’s assets are distributed to beneficiaries and debts are paid to creditors. Conservatorships address whether a person is mentally fit to care for himself. A person can be appointed to serve as a conservator to help another person with his/her finances or in making legal decisions. Guardianship refers to the court process in which a judge grants another adult custody of a child or the right to control the child’s property.

Despite common beliefs, you do not have to hire an attorney to handle your probate matter. At A People’s Choice, we have helped many California and out-of state residents navigate through the California probate process without legal oversight by an attorney. Hiring an attorney to file probate in Monterey is costly. This is in large part due to the probate statutory fees attorneys are paid. In California, probate statutory fees are based on the value of an estate. Use our probate calculator to find what the statutory fees would be for your estate.  Not only will you learn how expensive it is to hire a probate attorney, our calculator also shows you the cost savings when using our non-attorney probate services. Keep in mind, there is no direct correlation with how much work the attorney performs and the statutory fee he/she is entitled to receive. Fortunately, you can hire an experienced legal document assistant such as A People’s Choice, to help with the preparation of your probate forms.

Tips When You File Probate in Monterey County

Although there are four different courthouses that serve Monterey county, there is only location that hears all probate matters. Probate cases are heard at the Monterey County Court located at 1200 Aguajito Road, Monterey, CA 9394. As part of our probate services, A People’s Choice will help file all the required documents with the Monterey County court throughout the entire probate process.

Local Rules for Probate Cases Filed in Monterey County

Every county court sets up their own set of local rules which govern certain legal proceedings. When you file probate in Monterey County, you will want to familiarize yourself with the local rules for probate proceedings which are outlined in  Chapter 4. For example, when you file probate in Monterey county, the case will always be heard on a Wednesday morning at 9:00 am. This is established in the local rules. There are many other local rules that affect probate proceedings.

Another local rule requires that all Orders include the name of the presiding judge, the hearing date and the department. In addition, all pages of the Order, including exhibits, must also include the case name and number in a footer or header.

Having access to probate notes is critical when probating a case. Probate notes bring awareness to discrepancies, deficiencies or questions the court may have about filed paperwork. When you file probate in Monterey County, probate notes can be accessed through the court’s website.  In probate cases, often the proceedings can be heard by the probate court without having to formally appear. A party can find out if an appearance is required, by viewing the probate notes on the court’s website. Although a personal appearance is always preferable in probate matters, a party may also be able to appear through Court Call, a third-party service that offers telephonic appearances in some courtrooms.

Prior to the hearing on the Petition for probate, notice of the probate proceedings will have to be formally published. Refer to the list of adjudicated newspapers in Monterey County that can handle the publication process. It is imperative that the correct newspaper do the required publication.  A People’s Choice arranges the publication for all probate proceedings we handle.

Monterey County Local Forms

Every court has established local court forms for use in certain types of legal proceedings. You can get access to the local forms for Monterey County through this convenient link. As of writing this article, Monterey County uses the Judicial Council forms for probate and there are no other local forms required. Courts, however, update and revise forms on an annual basis so always check before filing your case.

Approved Probate Referees for Monterey County Probate Cases

There are two approved probate referees that serve the Monterey County area. They are:

Chris Daniel
P.O. Box 653
Pacific Grove, CA  93950
Phone: (831) 649-6142
FAX: (831) 649-6148
e-mail: chris.probate.referee@gmail.com

Alert J. Nicora
26385 Carmel Rancho Blvd., Suite 102
Carmel, CA  93923
Phone: (831) 622-2000
FAX: (831) 622-2001
e-mail: ajnicora@aol.com

The role of the probate referee is to appraise the assets of the estate. This article goes into more detail about the probate referee’s role when you file probate in California.

How We Can Help you File Probate in Monterey County

At A People’s Choice, we can help you draft the initial probate petition and inventory and appraisal documents. We can also help to notify all interested parties requiring notice for your probate matter. Our full service non-attorney probate services are inexpensive as compared to hiring an attorney. We manage the probate process for you, from beginning to end, preparing all required paperwork and making sure that the necessary steps are not only followed, but properly completed. Contact us for your legal document preparation needs. We are happy to personally discuss the nature of our services with you in detail over the phone. Simply call us at 800-747-2780.

Get help with your Legal documents today!

A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney!

GET STARTED!

Was this article helpful? We would love to know your thoughts! If you found this article helpful, please check the LIKE button below. Your feedback helps us plan topics for future articles.

By |2018-01-18T15:46:15+00:00May 7th, 2017|Probate|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

Leave A Comment