Generally speaking, probate involves the court supervised process of distributing a deceased person’s estate to his/her beneficiaries and heirs. During probate, an appointed estate representative oversees the appraisal and liquidation of estate assets to pay the decedent’s outstanding taxes and creditors before completing a final distribution to beneficiaries. Indeed, the process required to file probate in Yuba County may seem like a daunting task. However, all things considered, most people can do so successfully without an attorney.
Why is filing probate so expensive? First and foremost, most probate attorneys in Yuba county charge statutory fees which drive up probate costs. Furthermore, the statutory attorney fees an attorney can charge does not correlate to the amount of work an attorney invests into a matter. For example, an attorney will earn a higher fee regardless of doing less work on an estate that has a value of $800,000 as compared to an estate with a value of $500,000. In other words, imagine what it would be like to file probate in Yuba County and put thousands of dollars back into your pocket?
A family member or close friend can file probate in Yuba County if the Will does not name an estate executor. If the decedent left a Will, and appointed an estate executor, Letters Testamentary will be issued for the court-appointed estate executor to begin the probate process. If the Will does not nominate an executor, the court will grant Letters of Administration to the estate’s representative to complete the probate process. This involves working with the Probate Referee to appraise all non-monetary assets of the estate.
First, after filing probate, the representative must notify all creditors and interested parties of the probate. Next, the probate referee will complete an appraisal of the decedent’s assets. In this regard, the personal representative can sell or liquidate the decedent’s assets, if necessary, to pay outstanding taxes. Also, the personal representative will pay any outstanding debts of the decedent. Lastly, if there are any remaining assets after paying all debts, the personal representative will distribute the beneficiaries their designated share of the estate.
In general, probating an estate can take up to one year to complete. Furthermore, the time period can be extended depending on how long it takes to pay the estate’s taxes and to notify all interested parties.
Where to File Probate in Yuba County
For the purpose of filing documents, the Yuba County Probate Division hears matters on probate, guardianship, conservatorship, and adult name change. As a result, you must file your probate forms at Yuba County Superior Court’s Civil Division at:
215 Fifth Street, Suite 200
Marysville, CA 95901
Phone: (530) 740-1800 Ext. 5
Yuba County Probate Rules
First and formost, review the Yuba County local court rules before you begin the probate process. Specifically, Chapter 4 contains rules affecting Yuba County probate cases.
All probate cases filed in Yuba county are heard at 9:00 am on Monday (Tuesday if Monday is a holiday). All probate matters are calendared for hearing at least fifteen (15 ) calendar days or more after filing. A personal representative can appear through CourtCall in some situations. CourtCall allows a personal representative to appear by phone instead of appearing in person at the hearing.
Adjudicated Newspapers for Yuba County
As part of the probate process, the personal representative must publish notice of the probate filing in a newspaper where the decedent lived or owned property. Moreover, some rules pertain to which publication is used to provide this required notice. The following newspapers offer legal notice services in Yuba County.
Keep in mind, there may be other options for publication as well. Check with the Yuba County Court Clerk’s office for an updated list of newspapers for Yuba County.
Yuba County Probate Examiner
When you file probate in Yuba County, you will likely have to appear in court in front of a judge. Some matters have only one hearing, and other full probate cases have at least two. The Yuba County court will assign a probate examiner to review all documents filed in the probate case. The examiner’s job is to point deficiencies or corrections they want to be made to the paperwork before the court will approve the Petition. Once the examiner reviews the paperwork, they will post “probate notes” on the court’s website. After reviewing the notes, the personal representative can file a supplemental declaration to correct any deficiences or to provide other information to the judge hearing the case.
Yuba County Probate Referee
There is only one probate referee in Yuba County. The probate referee’s job is to value all non-cash assets of the decedent’s estate. Furthermore, the probate referee charges a statutory fee for this service. The probate referee is paid .1% of all appraised assets. For example, fees to appraise a $300,000 estate would be $300; and would be $2,000 on a $2 million dollar estate. With this in mind, the referee’s contact information for Yuba County probate cases is as follows:
Nancy E. Ferguson
3436 American River Drive, Suite 5
Sacramento, CA 95864
Phone: (916) 972-7042
FAX: (916) 972-0945
Probate Help in Yuba County
Keep in mind, despite common belief you do not have to hire a probate attorney. Most probate attorneys charge statutory fees which drive up probate costs. Furthermore, the statutory attorney fees an attorney can charge does not correlate to the amount of work an attorney invests into a matter. For example, an attorney will earn a higher fee regardless of doing less work on an estate that has a value of $800,000 as compared to an estate with a value of $500,000.
If you need to file probate in Yuba County, contact A People’s Choice for more information. Keep in mind, A People’s Choice has helped thousands of people file and complete probate without an attorney. Yes, you can hire an attorney and the estate will pay hefty statutory attorney’s fees to complete the case. If you want to know exactly how much you will save, check out our probate calculator. As you can see, using our non-attorney probate services to file probate in Yuba County will undoubtedly save the estate thousands of dollars, putting more money into the pockets of the beneficiaries and heirs. Call us today at 800-747-2780.
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