Did you know that you do not have to hire an attorney to file probate in San Luis Obispo County? At A People’s Choice, we have helped many California residents file probate without charging hefty legal fees. Hiring a San Luis Obispo County probate attorney is expensive and could potentially result in beneficiaries receiving little to no inheritance at all. This is in large part due to the statutory fees attorneys charge in addition to possibly paying executor fees.
First, we invite you to contact us before hiring an attorney. We can help you complete the all the required forms you need to probate an estate. Although the probate process typically takes 7-9 months and consists of many steps, the process itself is not a complex. Most people can probate an estate with the help of an experienced legal document assistant. Read on to learn how to file probate in San Luis Obispo County and how A People’s Choice can help!
File Probate in San Luis Obispo County
Probate Statutory Fees Overview
As mentioned above, probate attorneys are paid a statutory fee. Attorney fees are based on the gross value of an estate. The amount of work an attorney actually performs is somewhat irrelevant in regards to the statutory fee. For example, an attorney will earn a higher fee for probating an estate worth $1.2 million in comparison to $700,000 although no more “work” is required. Check out our California statutory attorney fees calculator to see what the attorney fees would be in your particular case. You will shocked to see what your cost savings are using our non-attorney probate services.
How to File Probate in San Luis Obispo County
When you file probate in San Luis Obispo County, all probate matters are heard at the San Luis Obispo Superior Court, Civil Court Operations location:
1035 Palm Street Room 385
San Luis Obispo, CA 93408
In order to probate an estate in San Luis Obispo Superior Court, the decedent must have lived in the county or owned property in San Luis Obispo County. Review the San Luis Obispo court local rules for guidance on the forms you need to start and close probate. The rules pertinent to probate cases can be found in Chapter 11. You should also check to see if there are any local forms that may apply in your particular case.
The San Luis Obispo Court publishes tentative rulings for all probate matters on their website. You should regularly check the court’s website for a tentative ruling about a week before the scheduled hearing. If a matter is not recommended for approval, the probate notes should identify any defects. The probate examiner may recommend a 2 week or more continuance of the hearing in order the defects or deficiencies to be addressed.
San Luis Obispo County Local Rules requires the hearing date on all documents. Specifically the date, time and department of the hearing must be placed immediately below the case number on the first page of every document filed which relates to an upcoming hearing. Appearances are required in all matters for which probate notes are not posted or that do not indicate otherwise. Furthermore, to be considered at the calendared hearing, all documents including supplements that address probate notes, must be filed no later than 3:00 p.m. two (2) court days before the hearing. Depending on the nature of the decedent’s estate, you may be required to attend two hearings. The probate examiner will review the probate documents and make notes of any discrepancies or matters that should be brought to the judge’s attention. Probate examiner’s tentative rulings can be read before attending a court hearing. Secondary hearings are quite common in probate proceedings, and the court may still continue a hearing for more review time, even if documents were filed on time.
It usually takes between six to twelve months to complete the probate process. Once you file the probate petition with the court clerk, you will have to complete an inventory and appraisal of the decedent’s property. It is typically required to hire the services of a probate referee to appraise the estate’s assets. There are two probate referees that cover San Luis Obispo County that can help with the Inventory and Appraisal process. A People’s Choice handles the inventory and appraisal process when a client hires us to file probate in San Luis Obispo County. Our complete probate service include preparing the Inventory and Appraisal as well as interfacing with the probate referee’s office to make sure the Inventory has completed and timely filed with the court.
During the probate process, the personal representative must contact all interested parties (creditors and beneficiaries), and pay the decedent’s outstanding debts and taxes. When the probate is complete, the representative can distribute the assets according to the decedent’s will. If no will was executed by the decedent, his/her assets will be distributed according to the laws of intestate succession.
Contact A People’s Choice for more information about our probate legal document preparation and filing services. We can help you save thousand of dollars in probate attorney fees and help you file probate in San Luis Obispo County without the unnecessary expense of hiring an expensive probate attorney. Call us today at 800-747-2780.
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Our mother passed Dec 13, 2018.
Estate is in probate now with Herb Stroh’s office representing.
It could be we would need help with
the bookkeeping coming up in a serious way. Estate valued $1.2M+.
My sister Naomi is current executor
in Atascadero (with me) In Bay area.
It would probably be best if you gave our office a call at 805-648-5540.