Probate

When a loved one passes away it is the responsibility of the executor of their estate to oversee the closing out of that estate – which would include paying all final financial liabilities and distributing any remaining assets to the appropriate heirs of the estate. In California, if the value of assets which are titled solely under the deceased person’s name meet a certain threshold, this process is overseen by the court and is known as probate. Assets which are owned by a trust, jointly with another, or which have beneficiaries designated directly on them, such as a life insurance policy with a valid beneficiary designation, are not subject to probate.

Probate is lengthy (it typically takes 1-2 years to complete), complicated and expensive. Our office has extensive experience in handling probate matters and can guide you through this complex process. Probate fees and other expenses (such as filing fees and recording fees) are paid for by the estate of the decedent and not personally by the executors. Both the executor of the estate and the attorney who represents the executor are entitled to fees. Fees are set by law, are awarded by the court at the end of process, and in California are based upon the value of the estate.