What’s Conservatorship of the Estate vs. Conservatorship of the Person?

By Sandra McCarthy|September 14th, 2022|Conservatorship, California Courts|

When setting up a conservatorship, one of the top questions people have is often, "What is conservatorship of the estate vs. conservatorship of the person?"

Understanding Federal Estate and Gift Tax Rates in California

By Sandra McCarthy|September 12th, 2022|Estate Planning, Probate|

The federal gift tax is a tax by the government that applies to either assets left by a decedent at their death or assets given by an individual during their lifetime. In essence, whether you give your assets away while you are still living, or give them away when you die, they are subject to a tax. Gift tax applies to lifetime gifts; estate tax applies to assets left at death. Read on to learn about the federal estate and gift tax and how it may affect your estate.

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 Is Guardianship and Conservatorship? An Explanation in Plain English

By Sandra McCarthy|February 14th, 2022|Family Law, Probate|

Guardianships and conservatorships exist to help people who can't always help themselves. However, unlike other states, California defines guardianship and conservatorship as two completely different arrangements. Both have to do with caring for someone who can't care for themselves, but they have separate meanings and applications. So, what is guardianship and conservatorship in the [...]

What Is Probate Estate?

By Sandra McCarthy|September 20th, 2021|Estate Planning, Probate|

As a popular saying attributed to Japanese writer Haruki Murakami goes, "death is not the opposite of life but a part of it." That brings to mind the fact that although death can stop a person from living, it can’t stop the person’s legacy from thriving. This, is related to the far less poetic, [...]

Definitive Explanation for California Probate Court

By Sandra McCarthy|May 5th, 2021|Probate|

The loss of a loved one brings immense grief and pain to family, friends, and relatives. At this difficult time, the last thing anybody wants to think about is what assets and debts a loved one left behind. However, it is very useful to go to court and complete this pertinent task through probate [...]

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Intestate Succession in California: What Happens When There’s No Will?

By Sandra McCarthy|February 11th, 2021|Succession, California Courts|

Intestate succession in California is a critical legal process that comes into play when an individual passes away without a valid will. Governed by specific state statutes, these laws dictate the distribution of a decedent's property to surviving heirs. This guide offers a comprehensive overview of how California's intestate succession laws function, outlining the [...]

What is a Definitive Explanation of California Probate?

By Sandra McCarthy|February 1st, 2021|Probate|

California Probate California probate is a simple concept, but that doesn't stop it from stirring up a great deal of trouble in families. The heirs to the estate of the acclaimed singer Prince can attest to that. He died without a will, so his assets are going through a lengthy process laid out by [...]

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An Explanation of Important California Divorce Forms

By Sandra McCarthy|October 14th, 2020|Divorce|

Like most legal proceedings, the required documents for California divorces will vary based on the circumstances at hand. However, there are some forms that most - if not all - California divorcees will require. Unfortunately, that doesn't mean they're simple. Read on for an explanation of some of the most common California divorce forms. Then, contact A People's Choice for help completing and filing your paperwork!

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How a California Durable Power of Attorney Can Help You Plan for the Future

By Sandra McCarthy|August 16th, 2020|Estate Planning|

Did you know that a durable power of attorney is different from a power of attorney document? Believe it or not, a California durable power of attorney helps you plan for your future under different circumstances. Read on to learn more about the benefits of a durable power of attorney, what it means, and how A People's Choice can assist with your estate planning needs.

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What is a California Trust Restatement?

By Sandra McCarthy|May 29th, 2020|Estate Planning|

If you need to make changes to your living trust, you can either amend the original document or create a new document with a California trust restatement. Read on to learn more about when a restatement is advised, and the benefits of restating a living trust. Then, be sure to contact A People's Choice to learn how we can help.

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Tips and Best Kept Secrets for Executors of Estates

By Sandra McCarthy|May 20th, 2020|Probate|

Being appointed executor of an estate can put you in a stressful situation, but luckily there are a plethora of options out there to help simplify the process! For example, in this blog post we've outlined our top tips and best kept secrets for executors of estates. Plus, we provide hands-on legal document assistance so you don't have to hire an expensive attorney! Reach out today for more information about how we can help.

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How to Open an Estate Account During Probate

By Sandra McCarthy|November 3rd, 2019|Probate|

There are five steps to open an estate bank account. 1) File Probate; 2) Get Letters Issued; 3) Apply for Tax ID Number (EIN); 4) Select the Bank; 5) Deposit Funds and Open Account. Opening an estate bank account is not difficult if you have the correct forms. It is a good idea to hire a registered legal document assistant to help you with the probate process so there will be no delays to be able to open an estate account during probate.

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 [...]

Probate an Estate with Lost Will

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

If you have to probate an estate with lost will in California, it is not an easy task. If a will is lost, specific facts, circumstances, and state law will decide which family members inherit the decedent’s assets. For example, if the will was revoked prior to the decedent’s death, and a new will did [...]

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Real Estate Title in California

By Sandra McCarthy|April 25th, 2014|

Real Estate Title in California In California, there are several ways to hold title to real property. Property can be owned by individuals as sole owner or as co-owners. Legal entities can also hold title to real property. If you have any questions as to which method is best, you [...]

What California Probate Laws Protect the Elderly Against Financial Abuse?

By Sandra McCarthy|September 21st, 2020|Probate, Estate Planning|

Financial elder abuse is a serious problem in estate planning. However, sometimes fraud is also caught after or during the probate process. Therefore, if an interested party files an action for financial elder abuse, California probate law can help rightful heirs repossess the decedent's assets.

Understanding California’s Transfer on Death Deed

By Sandra McCarthy|August 26th, 2020|Estate Planning|

Are you considering using a transfer on death deed to transfer real property to a beneficiary after your death? Believe it or not, a TOD deed is not always the best option for estate planning. In fact, it works best for people without minor children, whose real estate is their only asset. Read on to learn more about whether a TOD deed is right for you.

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The Downside of Holographic Wills in California

By Sandra McCarthy|August 25th, 2020|Estate Planning|

Holographic wills are estate planning documents that the testator writes and signs completely by hand. Furthermore, testators are not required to sign these documents in front of witnesses. As a result, probate courts often deem holographic wills invalid! That said, if you choose to create a holographic will, there are several elements you MUST include to ensure your estate is distributed according to your wishes.

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Dying Without a Will in California

By Sandra McCarthy|August 16th, 2020|Estate Planning|

Dying without a will in California subjects your estate to California intestate succession laws. In other words, the court will distribute your property depending on your living relatives. For example, your assets may go to a spouse or your children. However, if you want your property distributed in a certain manner, contact A People's Choice today. We can help you prepare a will or other estate planning documents to protect your assets upon your death.

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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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