Probate avoidance is a common secondary estate planning goal, but do you understand why you should consider incorporating probate avoidance tools and strategies into your estate plan? Aside from being a time-consuming legal process, probate can also be expensive, potentially diminishing the value of the estate passed down to loved ones. To help you better understand, the Los Angeles attorneys at Schomer Estate & Wealth Advisors explain some of the hidden costs of probate in California.
What Is Probate?
When someone passes away, they typically leave behind an estate that includes assets such as real property, bank accounts, investments, and personal belongings. To ensure that those estate assets are properly identified, valued, and eventually passed down to beneficiaries and/or heirs of the estate, the law usually requires the estate to go through the legal process known as “probate.” During probate, challenges (if any) to the decedent’s Last Will and Testament are litigated, creditors of the estate are also notified and given the opportunity to file claims, and taxes owed by the estate must be paid. Probate can take a minimum of a few months but can drag on for years if the estate includes complex assets or becomes involved in litigation.
Probate Costs in California
Along with slowing down the time it takes to distribute estate assets, probate can be an expensive process full of hidden costs, such as:
- Court Fees and Filing Costs: The Executor or Personal Representative of the estate initiates probate by filing a petition with the relevant court. In California, the filing fee alone is $435 which covers the submission of necessary documents and the processing of the estate through the legal system. Throughout the probate process, there may be additional court fees and costs in addition to the initial filing fee.
- Executor/Personal Representative Fees: If the decedent left behind a Last Will and Testament, the individual named as the Executor in that Will is responsible for overseeing the probate of the estate. If the decedent died intestate (without a Will), the court will appoint a Personal Representative to oversee probate. The Executor/Personal Representative is entitled to a fee for their services. In California, the California Probate Code sets the fees that an Executor is entitled to based on a percentage of the value of the estate. For example, the Executor/PR receives four percent of the first $100,000 of the estate, then three percent of the next $100,000, and two percent of the next $800,000.
- Professional Fees: If you are acting as Executor/PR, hiring an experienced probate attorney to help navigate the complexities of probate is in your best interest. The attorney, however, is also entitled to a fee for his/her services. You may also find that you need to hire an accountant and/or financial advisor if the estate involves complex investments or is comprised of significant and valuable assets. These professionals are also entitled to a fee for their services.
- Valuation Costs: A date of death value for all estate assets must be ascertained during probate. Obtaining accurate values is crucial, often requiring professional appraisals for real estate, art and antiques, collectibles, and other valuable items.
- Bond Premiums: The court may require the Executor/PR to post a bond, which acts as insurance to protect the estate from potential mismanagement. The amount of the bond is determined by the court but must be paid up front.
- Administrative Costs: A variety of other expenses may be incurred while probating an estate, including the cost to publish the notice to creditors, copying and mailing expenses, and travel expenses. While most of these are small, they can add up quickly.
Do You Have Additional Questions about the Hidden Costs of Probate in California?
For more information, please join us for an upcoming FREE seminar. If you additional questions about the hidden costs of probate in California, contact the experienced Los Angeles estate planning attorneys at Schomer Estate & Wealth Advisorsby calling (310) 337-7696 to schedule an appointment.
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