|For general facts about probate (updated as new content publishes):|
1. What is probate?
2. When is probate necessary?
3. What is the probate process in California?
4. How long does probate take in California?
5. What is the cost of probate in California?
Types of Services Performed in Probate
Our law firm offers a range of services to assist clients throughout the probate process. These services include:
Filing the petition for probate with the court
Assisting with the appointment of a personal representative
Providing notice to the decedent’s heirs, creditors, and other interested parties
Inventorying and valuing the decedent’s assets
Advising the personal representative on their duties and responsibilities
Assisting with the distribution of assets to the decedent’s heirs
Counseling and and assisting with any business interests held by the estate
Probate Fees and Expenses
We do not ask our probate clients to directly pay for probate-related attorney fees or expenses in advance of services, nor do we ask them to pay us from assets of the estate.
In California, ordinary probate fees (for attorneys and the personal representatives) are determined by statute, based upon the valuation of the probate estate and generally payable from the assets of the estate, upon court order, usually at the conclusion of probate or during the probate process. As such, generally speaking, a probate attorney (in California) should not be asking a petitioning personal representative (i.e., executor) to advance probate fees from the assets of the estate.
Subject to approval by the court, our firm will be entitled to receive ordinary statutory probate fees. A court may award additional fees to be paid if there are unusual, additional, or extraordinary services. This would also be paid, upon a court’s order, from the estate’s assets (not from the client), at the conclusion of probate.
Additionally, our firm will advance reasonable and necessary expenses arising from the probate action, such as court costs, messenger fees, postage, etc. Upon a court order, these expenses will likely be reimbursed by the estate during the probate process.
If you need assistance with the probate process in California, our experienced attorneys are here to help. Contact us today to schedule a consultation.