Estate Planning

Yes, We Do Probate.

By Jennifer Sawday

It is almost a given that when an attorney says he or she does estate planning and trust administration that their practice also includes probate.

Probate is the court process of determining title of assets belonging to a decedent who died either with or without a Will. Probate is necessary where there are assets out there belonging to the decedent that cannot pass to next of kin or a beneficiary.

In other words, if the decedent owned real property in his or her name alone or as tenants-in-common then the real property will have to be probated. If the property was titled in decedent's trust then probate is not usually required.

Also, if the decedent had bank accounts, stocks or other assets that have title in excess of $100,000 in aggregate value when probate is also usually required. This is where these financial assets do not have a payable on death beneficiary named or not held in joint tenancy with another individual.

Our firm is experienced in probate matters. We have three attorneys who routinely handle probate as a regular part of our practice including Joseph Lumsdaine, Monica Goel and myself (Jennifer Sawday). We also have two experienced probate paralegals who handle only matters in probate court including probate, guardianships and conservatorships.

We also have many attorneys on staff who will handle probate appearances in all Southern California courts from Los Angeles County to San Bernardino county on routine appearance matters. We are also very experienced in probate litigation matters.

For regular probate, attorney fees are set by statute and payable at the conclusion of probate. We typically ask clients to pay a small costs retainer for the filing fee and related costs to open a probate matter. For example, the filing fee is $320.00 and the notice of publication cost, while varies, is around $500. (If you are reading this and do not have a living trust for your assets, think about getting a trust in place to minimize the time, costs and emotional burden of probating your estate. In California, a living trust is easier to administer and almost always saves the estate untold attorneys fees and costs.)

Should you wish to schedule a consultation involving a probate matter to be opened, already on-going or engage in a probate litigation matter, you may contact our offices or one of the attorneys directly. We always welcome your inquiry.

Full post as published by Estate Planning Practice Blog on December 04, 2008 (boomark / email).