Probate Administration
We can (1) file a California Probate proceeding for you that will enable you to obtain a Court order to sell decedent’s home and distribute the estate to the beneficiaries. The fee to our firm and the fee to you as personal representative are the same flat fee set by statute, and/or (2) as a certified neutral Mediator, we can help you resolve disputes among the beneficiaries that may delay estate distribution.
In California a probate may be required for estates exceeding $184,500 that hold real property and do not have a revocable Living Trust. If the decedent had a Will, the Court appoints the Executor to administer the estate. If the decedent did not have a Will or Trust, the Court appoints an Administrator.
In California a payable on death (POD) account is not part of your estate. There is usually a 40 day waiting period and the beneficiary will be asked to provide a certified death certificate. The beneficiary cannot access your account until after your death. POD accounts, also called a TOD (transfer on death) account, can include retirement accounts, bank accounts and life insurance.
Real property held in joint tenancy or community property with right of survivorship are not considered part of decedent’s estate.
The time it takes from the initial filing of the probate petition to the final order of distribution to the beneficiaries depends on several factors including the complexity of the estate and the Court’s calendar. Most probates are completed within one year of an executor or administrator being appointed.
Both the attorney and the executor or administrator are paid the same base fee calculated on the amount of gross assets in the estate. California statute calculates the probate fees for ordinary services at:
- 4% of the first $100,000
- 3% of the second $100,000
- 2% of the next $800,000
- 1% of the amount from $1,000,000 to $10,000,000
The probate estate pays the probate lawyer fee and also pays the personal representative fee after a court order is filed for distribution to the beneficiaries. If the estate is valued at $1,000,000 then the personal representative (Executor if there is a Will or Administrator if there is no Will) receives $23,000 and the probate attorney receives $23,000.
Probate expenses include court filing fees, probate referee, bond fee and publication costs.
If there is a Will it is a testate probate case. If there is no Will it is an intestate probate case.
A testate estate is distributed to the beneficiaries named in the Will. After the creditors are paid plus a reserve for fees, costs and taxes, the specific gifts in the Will are distributed first before the residuary bequests are distributed.
An intestate estate is distributed to the next of kin of the decedent according to priority and type of property. Text or call our firm for the list of priority of estate distribution to next of kin 415-397-1515. If the decedent dies without any relatives or the relatives do not claim the assets of the deceased, the property escheats to the State of California.
Unclaimed property can be found at the State of California Unclaimed Property website at https://www.sco.ca.gov/search_upd.html Whether it is a testate or intestate estate, it is good to search decedent’s name on the unclaimed property website as you may be entitled to file a claim with the State of California. California unclaimed property does not include real estate.
Some of the ways to avoid probate in California include:
- Create a Living Trust – Mayo & Mayo offers a flat fee to prepare a Will and Trust
- Set up Payable on Death (POD) accounts, also known as Transfer on Death (TOD) accounts
- Title real property in joint tenancy or community property with right of survivorship
Have a gross estate under $184,500 to distribute with a https://selfhelp.courts.ca.gov/probate/small-estate