Return
Home
About
the Firm
Attorney
Information
Practice
Areas
FAQ
Page
Articles
& Publications
Contact
Us
Great
Links
PROBATE BASICS WARNING: MOST OF THE INFORMATION ON THIS WEBSITE APPLIES TO CALIFORNIA LAW OR CALIFORNIA RESIDENTS ONLY. YOU SHOULD ALWAYS CONSULT AN ATTORNEY BEFORE TAKING ANY ACTION IN RELIANCE ON SUCH INFORMATION.  MICHELLE NOBLE MCCAIN IS AUTHORIZED TO PRACTICE LAW IN CALIFORNIA AND IN CALIFORNIA COURTS ONLY.
 
 

Probate is the court administered transfer of assets from your name to the name of your beneficiaries.  Probate administration in California usually takes 2 years, although I have done them in as "little" as 9 months.   The executor of the estate cannot distribute property to your beneficiaries until he or she gets a court order allowing such distribution.  A court will not give such an order until a 4 month notice period has passed, all creditors are paid, and the assets are valued by a court appointed appraiser, called a probate referee.  Probate is a public process.  Other people can learn what you owned and who you left it to by simply going to the courthouse. Your will must be filed with the court so whatever you stated in the will also becomes public.  The other problem with probate are the fees that can be charged. 

SAMPLE PROBATE FEES

Probate is required if you have certain assets with a gross value of at least $150,000. Probate fees are set by statute. They are payable both to the executor and the attorney. The fee is a percentage of the gross value of the estate. The following are examples of such fees:

Gross Estate                Attorney's Fee             Executor's Fee

$100,000                      $4,000                         $4,000
$250,000                     $8,000                         $8,000
$500,000                     $13,000                        $13,000
$750,000                     $18,000                        $18,000
$1,000,000                   $23,000                       $23,000


YOU CAN AVOID PROBATE BY HAVING AND FUNDING A LIVING TRUST!!
Your Salinas and Monterey Co Trust Attorney and Probate Attorney.





| LIVING TRUSTS | PROBATE | ESTATE TAXES |
| Return Home | About the Firm | Attorney Information | Practice Areas | FAQ Page | Articles & Publications | Contact Us | Great Links |
 
 



Copyright 2017, Law Office of Michelle Noble McCain. All rights reserved.