Probate
If someone dies without a Will, or with a Will but without a Trust, it may be necessary to undertake a court proceeding to pass that person’s estate to their heirs or beneficiaries. This process is referred to as “Probate.” The Probate process can be time consuming, expensive, and full of confusing formalities. We represent Executors and Administrators, and guide them through this process, helping to make clear the range of record-keeping and reporting duties.
Probate Administration
When a loved one passes away with no Will or Estate Plan in place, the estate must go through probate. Probate can be a long, confusing, and frustrating process and can put a lot of strain on the family. We provide the trusted expertise needed to guide you and your family through probate to a satisfactory outcome. If you find yourself in probate, we will guide you every step of the way, from lodging the Will and notifying heirs, to transferring assets to the intended beneficiaries. If a loved one has recently passed away and you would like a no-cost, confidential consultation to discuss the next steps, please call our office to schedule a meeting.
Probate Litigation
When a dispute arises over probate, trusts or guardianship, it takes a knowledgeable attorney to identify the issue, determine an effective strategy for its resolution, and successfully execute that strategy.
At The Law Office of Asha J. Wilbun, we are experienced litigators with a strong record of success representing our clients’ interests. We have found that success in litigation takes experience, preparation and a tireless commitment to the best interests of our clients.
Cost of Probate in California
California Probate Code section 10810 sets the maximum statutory fees that attorneys can charge for a probate. Higher fees can be ordered by a court for more complicated cases. The fees are four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000, and one-half percent of the next $15,000,000. For estates larger than $25,000,000, the court will determine the fee for the amount that is greater than $25,000,000.
The fees listed below are the California statutory fees used to compensate attorneys and executors in probate cases for various sizes of estates. If both the attorney and the executor receive a fee, the amount paid will be double that shown below:
Estate Value Statutory Fee
$100,000 $4,000
$200,000 $7,000
$300,000 $9,000
$400,000 $11,000
$500,000 $13,000
$600,000 $15,000
$700,000 $17,000
$800,000 $19,000
$900,000 $21,000
$1 million $23,000
$1.5 million $28,000
$2 million $33,000
$3 million $43,000
$4 million $53,000
$5 million $63,000
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