How to Lodge a Will in California and File Probate

By Sandra McCarthy|July 11th, 2018|Probate, Estate Planning|

Most Executors have a hard time giving up possession of a decedent's original will. However, by law, the custodian of an original will must lodge the will with the Superior Court within 30 days of learning of the testator’s death. This is a statutory requirement under California Probate Code Section 8200. Keep in mind, the custodian can face legal penalties if they do not lodge a will in a timely fashion.

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What is a Probate Conservatorship in California?

By Sandra McCarthy|July 11th, 2018|Probate|

A probate conservatorship in California occurs when the court appoints a responsible person (conservator) to care for another adult (conservatee). Specifically, a conservator is appointed to care for a conservatee when the court decides that the conservatee is unable to care for his or her own well-being or finances.

When is it Best to File Ancillary Probate in California?

By Sandra McCarthy|March 3rd, 2018|Probate|

Ancillary probate in California is required if a person lives out-of-state but owns real property in California. Ancillary probate can be filed in California in the county where the decedent's real property is. The local California court can then appoint a Personal Representative to administer the assets in the state.

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How to Sell Real Property During Probate in California

By Sandra McCarthy|February 5th, 2018|Probate|

Do you need help to sell real property during probate in California?A People’s Choice can prepare all required documents and notices to sell real property during probate. without relying on the expertise of an attorney. Read on to learn more about how to sell real property during probate in California.

California Statutory Probate Attorney Fee Calculator

By Sandra McCarthy|October 31st, 2017|

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Multi-State Probate | California Ancillary Probate

By Sandra McCarthy|January 27th, 2017|Probate|

A People’s Choice has worked with many clients who own real estate in multiple states. This may include a second home, a vacation home or property rentals. Multiple properties usually do not have an adverse effect on the probate process; however, if a person passes away with property in more than one state, this often [...]

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How to Close a Probate Estate in California

By Sandra McCarthy|December 29th, 2016|Probate|

There are many steps in the California probate process, the last of which is closing the probate case. In order to close a probate estate in California, the appointed personal representative must file a petition with the probate court which reports everything he/she has done in regards to the estate. The personal representative must file [...]

Reverse Mortgage and Probate in California

By Sandra McCarthy|November 11th, 2016|Probate, Estate Planning|

Are you curious how a reverse mortgage is handled in probate? Do you know what a reverse mortgage is? Reverse mortgages are like traditional mortgages. If the homeowner dies, the reverse mortgage becomes due and payable in full. As a result, the estate beneficiaries must act promptly to pay off the loan amount to prevent [...]

Does a Will Have to be Probated in California?

By Sandra McCarthy|June 7th, 2015|Estate Planning|

What Constitutes a Will? The contents of a typical will could include: *The deceased’s real estate holdings *Stocks and bonds *Cash or cash accounts *A life insurance policy *Pension benefits, death benefits *Personal belongings *Bank account funds or funds with any financial institution, and retirement accounts. Probate is legal term that refers [...]

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How to Probate a Will Without a Lawyer: Complete DIY Guide

By Sandra McCarthy|October 10th, 2023|Probate|

Navigating the intricacies of the legal world can often feel daunting, especially when dealing with matters as sensitive as a loved one's last wishes. The question of how to probate a will without a lawyer is increasingly prevalent as individuals seek ways to streamline the process and retain more control. Probate is the formal process [...]

Different Types of Conservatorship in California

By Sandra McCarthy|September 26th, 2023|Conservatorship|

The probate process in California starts after someone dies. Depending on the size of the estate, the process of probating an estate can be surprisingly quick and simple to complete. For larger estates, probate may be lengthy and more complex. Here's what you need to know to start the probate process in California.

Conservatorship vs. Power of Attorney in California

By Sandra McCarthy|September 7th, 2022|California Courts, Probate|

When comparing conservatorship vs. power of attorney in California, which one is better? And under what circumstances?

What Is a Durable Power of Attorney for Healthcare in California?

By Sandra McCarthy|August 28th, 2022|California Courts|

This article helps you understand how a durable power of attorney for healthcare works and how to establish one.

How to Get an Emergency Conservatorship in California

By Sandra McCarthy|August 22nd, 2022|California Courts, Family Law, Probate|

This post explains how to get an emergency conservatorship in California as well as why an emergency conservatorship isn't a permanent solution.

What’s a Conservatorship of the Estate in California?

By Sandra McCarthy|August 10th, 2022|California Courts, Estate Planning, Family Law, Probate|

It happens every day: while driving on a highway, someone gets into a ghastly accident and sustains an injury. The accident impairs their cognitive and physical ability, and they can no longer oversee their estates and finances. What happens if, God forbid, this person is your spouse or relative? You may decide you need [...]

What’s a Conservatorship of the Person in California?

By Sandra McCarthy|August 8th, 2022|California Courts, Family Law, Probate|

Dementia, stroke, and other debilitating illnesses are all too common, especially among the elderly. What happens if you have a loved one with an issue like this? You probably want to make sure they get all the attention and care they need. If you live in the Golden State, one way of ensuring you [...]

How Temporary Conservatorship in California Works

By Sandra McCarthy|July 27th, 2022|California Courts, Family Law, Probate|

Have you ever wondered what would happen in someone close to you was involved in an accident that incapacitated them? How could you legally step in to help if they needed intensive treatment or were unable to manage their personal property? If you're in the Golden State, the best solution may be a temporary [...]

How to File for Power of Attorney in California

By Sandra McCarthy|July 11th, 2022|California Courts|

Age, illness, or a combination of the two can rob us of our decision-making abilities. However, that should not signal the end of our happy lives. With a conservatorship or a power of attorney, a person in such a situation can get help with crucial decision-making. If you'd like to help someone you love [...]

What to Do About Power of Attorney Abuse in California

By Sandra McCarthy|July 4th, 2022|California Courts|

Power of attorney is, as the name implies, powerful. This makes it ripe for abuse if the wrong person acquires that power, and it also means the position has to be subject to a lot of scrutiny even when it's in good hands. Perhaps you have gotten power of attorney and simply want to [...]

How to File for Conservatorship in Santa Clara County, California

By Sandra McCarthy|April 18th, 2022|California Courts, Probate|

Nobody wants to end up in a conservatorship, but these arrangements can be a literal lifesaver for many people. A conservatorship permits a responsible grownup to take care of an adult who can’t care for themselves. If you’re a resident of Santa Clara County and you have a loved one who needs help, you [...]

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Will Documents

Description of Will Documents (Notary fees additional)	Price
Will (individual)	$200
Codicil to Will	$125
Will package (individual) includes Will, Healthcare Directive and Financial Power of Attorney	$250
Will package (couple) includes 2 Wills, 2 Healthcare Directives and 2 Financial Powers of Attorney	$399
Other Services	Call for Quote

Trust Documents

Description of Trust Documents (Notary fees additional)	Price
Revocable Trust or Restatement of Revocable Trust (Individual) Trust or Trust Restatement only (you must have an existing revocable trust)	$300
Revocable Trust or Restatement of Revocable Trust (Couple) Trust or Trust Restatement only (you must have an existing trust)	$400
Revocable Trust or Restatement of Revocable Trust Package (Individual) Includes Trust, Pour-over Will, Certificate of Trust, Healthcare Directive, Financial Power of Attorney and estate folder	$499
Revocable Trust or Restatement of Revocable Trust Package (Couple) Includes joint trust, 2 Pour-over Wills, Certificate of Trust, 2 Healthcare Directives, 2 Financial Powers of Attorney and estate folder	$650
Special Needs Trust Designed for beneficiaries with physical or mental disabilities.	$700
Irrevocable Medi-Cal and/or VA Planning Trust	$700
Trust Transfer Deed and Preliminary Change of Ownership (California property)	$200 ($50 discount w/trust pkg)
Trust Transfer Deed (Out-of-State property)	$275 ($50 discount w/trust pkg)
Trust Transfer Deed (Timeshare)	$275 ($50 discount w/trust pkg)

Individual Estate Documents

Description of Individual Documents (Notary fees additional)	Price
Will	$200
Healthcare Directive	$125
Financial Power of Attorney	$125
Codicil to Will	$125
Trust Amendment	$200 and up
Trust Transfer Deed and Preliminary Change of Ownership (California property)	$200
Trust Transfer Deed (Out-of-State property)	$275
Trust Transfer Deed (Timeshare)	$275
Other Services	Call for Quote

Conservatorships Services We Offer	Price
Standard Conservatorship of Person AND/OR Estate (1 Petitioner) with or without Dementia Orders (Documents Only)	$1500
Limited Conservatorship for Developmentally Disabled (Documents Only)	$1200
Add-on Fees for Emergency Ex Parte Conservatorship (limited or standard)	+$300
Additional co-petitioner fee to any Conservatorship Petition	+$200
Add-on Fees for application for notice waivers and order	+$300
Add-on Fees for case management through Petition phase. Services include scheduling of any associated hearings, facilitating filing of documents with the court and other management services typically required to complete your Petition request	+$250
Standard preparation time is 10-14 business days. Rush preparation of all documentation is available for additional fee	$350+

Estate Administration Services	Price
Trust Administration (1 real property) each additional property +$200	$499
Probate Transfer by Affidavit (non-court, for estates with personal property only. This process cannot be used for estates with real property. Property must be valued under $166,250/$184,500)	$225
Simplified Probate Proceeding to Transfer Real Property Not Exceeding $55,425/61,000 (up to 2 Petitioners; 1 real property)	$649*
Simplified Probate Proceeding to Transfer Real Property Not Exceeding $166,425 (up to 2 Petitioners; 1 real property)	$799*
Spousal Property Petition (1 real property)	$749*
Heggstad Petition (1 Petitioner, 1 real property)	$1500**
No frills Probate Petition Documents Only for California Probate with Order of Probate and Letters of Administration or Letters Testamentary (document prep only with instructions. No court filing or additional support services.)	$750**
Phase 1 California Probate Petition (Full Service with court filing assistance, arranging publication, notices and case management) up to Order of Probate and Letters of Administration or Letters Testamentary	$1500**
Most Popular Full service, complete California Probate, facilitation of court filings, arranging publication, administrative notices, and ongoing case management services	$3900**
Probate Phase 2 or Phase 3 Full Service	$1500.00+/phase
Report of Sale and Petition for Order Confirming Sale Real Property (for matters with limited authority)	$1500.00 +costs
Notice of Proposed Action (up to 5 notices)	$250
Supplements to Petitions	$250 min. and up
Other Probate Services	Call for quote

*In these alternative small estate probate proceedings, if estate has more than 1 real property or 2 Co-Petitioners, additional fees will based on the following: +$75/each Petitioner over 2; +$150/each additional real property over 1. **In full probate proceedings, the following additional fees will apply, if applicable: +$250/each additional real property over 1; +$250/co-Petitioner; +$100/each beneficiary over 5. Fee covers all standard documents for routine proceeding but does not cover specialty services that may be required in some proceedings. Fees are based on all heirs waiving bond, waiver of accounting by all beneficiaries, and all creditors paid in full prior to filing Petition for Final distribution. Phase 3 Petition for Final Distribution may have add-on fees based on extraordinary actions or requests by the administrator prior to distribution. Annual surcharge fee of $500 will be assessed for each year or partial year the case remains open after 12 months.

Business Services We Offer	Price
General Corporation Includes standard minutes, bylaws, resolutions, stock certificates and corporate folder. Secretary of State fee: $100.00	$275
S-Corporation (Includes S-Corp election) Includes standard minutes, bylaws, resolutions, stock certificates and corporate folder. Secretary of State fee: $100.00	$310
LLC Includes Operating Agreement and corporate folder. Secretary of State fee: $70.00	$399
Professional Corp Includes Bylaws. Secretary of State fee: $100.00	$499
Non Profit Corporation Includes standard minutes, bylaws and corporate folder. Secretary of State Fee: $30.00	$499
501(C)(3) Non Profit Federal Tax Application	$599
Dissolve Corporation	$200
Walk Through Service with Secretary of State (turn around time 7-10 days)	$165
Registered Agent for Service (Annual) Click here to sign up.	$175
IRS S-Corp Election only	$50
Obtain Tax ID Number	$50
Statement of Information	$50
Fictitious Business Name Includes facilitating processing and publication (filing fee and publication fees vary from county to county).	$175
Basic Partnership Agreement	$300
Business Sales Agreement	$300
Copyright Standard Application	$150
Other Business Services	Call for Quote

Agreements	Price
Marital Settlement Agreement only	$275+
Stipulation and Order	$350+
Stipulation/Order with Paternity petition	$624
Pre or postnuptial Agreement (basic)	$299
Nuptial Agreement with complex, custom clauses	$999

Paternity Matters	Price
Paternity Petition only	$300
Stipulation and Order only	$350
Paternity Petition with Stipulated Judgment	$575
Paternity Petition with Request for Order/Motion for custody, visitation, support	$875

Marriage and Domestic Partnerships Proceedings	Price
Short term Marriage/Domestic Partnership (no personal property, children or real property)	$499
Marriage/Domestic Partnership with personal property (NO children, includes written Agreement)	$624
Marriage/Domestic Partnership with children (Includes written Agreement)	$624
Marriage/Domestic Partnership with 1 real property (Includes written Agreement	$775
Summary Dissolution (Please check qualifications for Summary Dissolution)	$499
Termination of Domestic Partnership through Secretary of State (Please check qualifications for Secretary of State procedure)	$499
Petition Only OR Response to Dissolution	$200-$300
Application to Serve by Publication	$275

NEW "DOCUMENTS ONLY" SERVICE for Marriage and Domestic Partnerships Proceedings. Budget option for documents only. Services do not include any case management or filing services.	Price
Preparation of standard dissolution or legal separation documents for short-term marriage or domestic partnership (no personal property, children or real property, with filing instructions). Includes all standard documents from Summons to Judgment.	$250
Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement (does not address any separate or community real property.)	$400
Preparation of standard dissolution or legal separation documents for marriage or domestic partnership (with filing instructions.) Includes all standard documents from Summons and Petition through Judgment based on parties signing a drafted Marital Settlement Agreement which addresses separate or community real property division.)	$550

Motion/Contested Matters (does not include preparation of Orders After Hrg)	Price
Custody or Visitation Motion (RFO)	$475
Custody, Visitation and/or Support Motion (RFO)	$575
Emergency Custody or Visitation Motion (RFO) Includes request for temporary orders.	$900 min. (incudes RUSH processing)
Emergency Custody, Visitation, Support Motion Includes request for temporary orders.	$975 min. (includes RUSH processing)
Custody, Visitation and Support Motion with Paternity Petition	$875
Ex Parte to Terminate Child Support at 18	$250
Motion for Change of Venue	$575
Motion for Gillmore Election	$775
Other specialty motions	$575+ requires quote
Motion for Bifurcation and Final Judgment documentation	$825
Restraining Order- civil or domestic (no children)	$400 min.
Restraining Order (with children)	$575 min.

Guardianship Services	Price
Guardianship Affidavit or Power of Attorney (non-court)	$175
Guardianship of Person AND/OR Estate (1 Petitioner)	$1200
Add-on Fees for Co-Petitioners (per additional petitioner)	+$200
Add-on Fees for additional Minor(s) per minor	+$400
Add-on fees for Temporary ExParte Guardianship Request	+$300
Terminate Guardianship of Person and/or Estate	$399
Other Guardianship Services	Call for Quote

Expungement Services	Price
California Expungements	$399; +$200 ea. addtl. (same case #)
Felony to Misdemeanor reduction	$399
Criminal Prop 47 Resentencing or Reduction	$399; +$200 ea. addtl. (same case #)
Motion to Terminate Probation Early	$575
Petition to Seal Record	$499
Petition for Certificate of Rehabilitation	$399; +$50 each additional felony

Name Change Services	Price
Adult Name Change (individual)	$399
Combo Adult Name Change with 1 child – If more than one child, add $100.00 for each additional	$450
Name change for Minor Child – If more than one child, add $100.00 for each additional	$399
Name change after Divorce (Certified copy of Order extra)	$100

Title Transfers	Price
Grant Deed, Quitclaim Deed, Affidavit Death of Joint Tenant, Trust Transfer Deed, Transfer on Death Deed or other California deed Includes preparation of Preliminary Change of Ownership Report	$200
Warranty or Out-of-State Deeds (Non-California Deeds)	$275
Timeshare Deeds	$275

Other Matters	Price
Claim for Exclusion of Reassessment (parent/child or grandparent/grandchild)	$125 (discounted to $100 if prepared with deed)
Promissory Note secured by Deed of Trust	$325
Request for Special Notice re Deed of Trust	$125
Order copy of last transfer document/deed	$30

Civil Complaints and Answers	Price
Small Claims Package Includes preparation of claim, submission of documents to court, scheduling of hearing and arranging service of process	$250 plus $25 each defendant over 1
Civil Complaint Limited with 1 cause of action Each additional cause of action	$250 +$75
Response to unverified Civil Complaint with affirmative defenses	$250
Response to verified Civil Complaint with affirmative defenses	$350 (1 cause of action)

Other Civil and Misc. Matters	Price
Propounding Discovery Interrogatories, Request for Admissions, Production of Documents	$500 up
Responding to Discovery Interrogatories, Request for Admissions, Production of Documents	$500 up
Motion to Set Aside Default Judgment	$575
Civil Restraining Order	$499; $25 each addtl. protected person
Renew Judgment	$350
California Sister State Judgment	$300
Other Collection Proceedings	Call for quote
Expungement	$399
Other Services	Call for quote

Copyright Services	Price
Federal Copyright Application	$150
Government Filing Fee	$45-$65

QDROs and Retirement Division	Price
QDRO	$499
Joinder only	$350
QDRO with Joinder	$825

QDROs and Retirement Division	Price
QDRO	$499
Joinder only	$350
QDRO with Joinder	$825

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