When a loved one dies, the property making up their estate needs to be distributed to their heirs and beneficiaries. In many situations, the estate needs to go through the probate process in order for the property to be distributed properly. Probate requires several steps, including proving the existence of the will, if there is one; determining the property included in the estate and creating an inventory of that property; paying any debts, funeral expenses, and taxes that may be owed by the estate; and then distributing the remaining property to the heirs and beneficiaries. If you are a resident of Huntington Beach, probate resources can help you understand the process and find the information you need. Our probate attorneys are here to assist you every step of the way.
California Probate Code – The complete set of laws for the state of California that govern wills, estates, and probate.
Uniform Probate Code – The Uniform Probate Code, drafted by the National Conference of Commissioners on Uniform State Laws, provides probate laws that are currently applicable in only 18 states, not including California.
Attorney fees for probate work
The state of California imposes set fees for probate work established by statute, based on the gross value of the estate. The attorney’s fee schedule is as follows:
- 4% of the first $100,000 of the probate estate’s gross value
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 5% of the next $15 million
The Probate Process
Timeline of probate in California – The court has provided a diagram that outlines the time frame for filing documents and other actions that must be taken during the California probate process.
Probate fees – Orange County Probate
Probate Courts in California
San Diego Probate Court – San Diego probate court which handles wills and estates, guardianship, conservatorship, among other services.
San Francisco Probate Court – San Francisco probate court provides online services regarding probate, helpful forms, court rules, and other services.
Supreme Court of California – The highest court in the state of California provides helpful resources on probate matters, including information on whether probate is required in your case.
- Minors Compromise
- Wills and Trusts
- Medical/Financial/End of Life
- About Conservatorship
- LPS (Mental Health) Conservatorship
- Limited Conservatorships (for Developmentally Disabled Adults)
- About Probate – Probate a Decedent’s Estate
- Preparing the Petition for Probate
- Simplified Probate Procedures
- Administering the Probate
- Closing and Distributing the Probate
More Probate Help & Information
Assistance By Phone or in Person
The basic steps of probate in Huntington Beach
The first step involves initiating the probate process by filing a petition with the California Superior Court in Orange County or the county where the deceased resided at the time of his or her death. Once the petition has been filed, the notice of hearing will be published at least three times in the local newspaper and mailed to everyone named in the will. The personal representative is also required to take possession of the assets in the probate estate and create an inventory of that property.
After notice of the death has provided creditors with legitimate debts are required to submit a claim. If those claims are valid, they will be paid from the estate before other distributions can be made. The personal representative is also responsible for ensuring that all estate taxes are paid before any distributions are made to heirs and beneficiaries. The final step in the probate process is closing the estate which involves providing an accounting of all transactions to the court.
If you have questions regarding probate, estate planning, trust contests, or any other trust administration issues, please contact the Schomer Law Group either online or by calling us in Los Angeles at (310) 337-7696.
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