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Probate

What is Probate?

Probate is the court-supervised process of gathering and identifying a deceased person’s assets and distributing such property to that person’s heirs or beneficiaries after payment of any outstanding debts and administrative costs.  


​In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as “personal representative” to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court. Typically, the personal representative appointed by the court is a family member or a close friend of the decedent.  The entire case can take between 9 months to 1 ½ years, maybe even longer.
What is the Cost of  Probate?

Probate is often a complicated and time-consuming process that involves a great deal of effort by the personal representative and his or her attorney, both of whom are entitled to receive compensation from the estate.  The compensation for the personal representative and his or her attorney is set by California law and is based on the gross value of the estate according the to following formula:

          Gross Value of Estate           Attorney Fees          Personal Representative Fees
                          1st $100K                           4%                                          4%
                       Next $100K                          3%                                          3%
                       Next $800K                          2%                                          2%
                       Next $9mil                             1%                                          1%
                       Next $15mil                          0.5%                                     0.5%
                           >$25mil                      Reasonable amount to be determined by the court.

Compensation to the personal representative and the personal representative’s attorney is paid at the end of the court proceeding.
  
Who Can Be Appointed as Personal Representative of the Estate?

If the decedent had a will, priority appointment is given to the person designated as executor in the will.  If the decedent died without a will, the priority of appointment is determined according to California law, with surviving spouses having priority, followed by children and other close family members.  ​

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The information found on this website is for general informational, educational, and advertising purposes only. Any information found on this website does not constitute legal advice or a solicitation of clients, nor does it create an attorney-client relationship between the reader and Nabhan Law.

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Professional legal counsel should be sought for specific advice relevant to your circumstances. Do not send any confidential information to our firm until an attorney-client relationship has been established through direct communication with an attorney at Nabhan Law, and subsequent mutual written agreement that our representation of you would be appropriate and acceptable.
Nabhan Law, 500 Mound Avenue, South Pasadena, CA 91030; Phone: (626) 227-1424; Fax: (626) 228-3511
  • Home
  • About
  • Services
    • Estate Planning
    • Special Needs Trusts
    • Probate
    • Conservatorships
    • Trust Administration
    • Litigation
  • Contact
  • MAKE A PAYMENT
  • Blog