Probate Questions
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Working with a probate real estate broker has many benefits. With our deep knowledge of the probate real estate process and probate steps, we can help you navigate the probate timeline and ensure that you meet all the necessary requirements. We will help you prepare to sell a home during probate, so you can feel confident and stress-free throughout the process. If you are looking to sell your probate home, our team is here to help.
Probate is the legal process through which a deceased person’s estate is administered and their assets are distributed according to their Will or state law. It is important to understand the basics of probate in California to ensure that the process goes smoothly and that the estate is handled properly.
A probate real estate professional is a licensed real estate agent or broker with a specialization in the sale of probate real estate. A probate real estate specialist works closely with the executor or administrator of the estate. From the initial assessment, to preparation, clean up, local and state mandatory disclosures, pre-order (recommended reports), suggested clearance if applicable, risk management, marketing, negotiation and sell of the asset, that is what we do for the last 28 years.
The executor of a will or administrator of the estate is the person with the authority to sell the probate real estate. Whether court approval is required before authorized to sell the property, depends on the authority granted by the court.
The authority granted to person under a power of attorney ends when the principal passes away. Probate will be required if the principal passes away with or without a Trust.
A probate in California can take up between 12 and 18 months.
If a person dies with or without a will, a probate will be required. If the total value of an estate is below a certain value, there is a possibility that probate can be avoided in circumstances where there is or is not a will. Otherwise, the only way to avoid probate is with the creation of trust.
To move through the probate process quickly, it is important to understand the steps involved and know what to expect. Before beginning the process, be sure to have all relevant documents such as the will and any other estate planning documents available.
Are you wondering how the probate process works in California? Do you need to navigate the legal system but don’t know where to start? Don’t worry! I will provide a comprehensive overview of the probate process in California and help you understand what you need to do.
In California, the first step in the probate process is filing a petition with the probate court. The personal representative must provide notice on a person or entity by sending a copy of the petition via first-class mail to their address. The petition must be filed in the county of residence for the deceased at the time of death and must include your name as the petitioner, as well as the names of any other petitioners. Upon making the filing (California form DE-111)
Whether you are serving as the executor of a will or other representative of the deceased, it is important to handle notices correctly and in a timely manner during the probate process in California. The first step is to file a petition with the California Superior Court in the county where the deceased resided at the time of death. Once the petition is filed, a notice of hearing must be published and copies must be sent to all legal heirs via first-class mail. Additionally, all known creditors must be sent a Notice of Administration of the Estate (Form DE-157).
How to Gather and Manage Assets During Probate in California. As the estate representative, you’ll need to gather all the assets of the deceased individual and make sure they are accounted for and managed properly. This includes any real estate, stocks, bonds, bank accounts, vehicles, jewelry, and other personal items. You’ll need to find out who owns each asset and who is entitled to receive it as part of the estate. You’ll also need to make sure that any debts or taxes are paid from the estate before it is distributed. With careful attention to detail, you can ensure that all assets are handled legally and efficiently during probate.
How to Pay Debts and Taxes in the California Probate Process. The executor or administrator will be responsible for paying all the debts, an work with a CPA to file tax returns.
The first step is the initial Petition for Probate fee ($465.00). The Probate attorney fees are set by State of California. The fees are calculated as follows:
4 % on the first one hundred thousand dollars
3% on the next one hundred thousands dollars
2 % on the next eight hundred thousands dollars
1 % on the next nine million dollars
1/2 of 1 % on the next fifteen million dollars
For all amounts above twenty-five million dollars, a reasonable amount to be determined by the court.
Yes, the administrator of the estate is entitled to the same amount as the attorney’s fees, using the same formula. For example on a estate value of $1,000.000.00 using the guidelines set by the State of California, the fee is $23,000.00
To illustrate this the sample below will show how we arrived to the calculation.
4 % $100,000 = $4,000.00
3% $100.000 = $3,000.00
2% $800,000 = $16,000.00
Total = $23,000.00
As an administrator, you are obligated to act in the best interest of the estate and its beneficiaries, and to avoid any conflicts of interest. You may be held personally liable for any losses to the estate resulting from your negligence or misconduct. Therefore, it is important to seek the advice of an attorney and/or a qualified accountant to ensure that you fulfill your duties in a responsible and efficient manner.
Yes, you can. In that case, the court will decide who will be next in line to be named as an administrator based on a set of guidelines as per California Probate Code Section 8461 as follows:
Surviving spouse or registered domestic partner
Adult-children
Grandchildren
Other surviving issue (great-grandchildren)
Parents
Siblings
Issue of Siblings (meaning nieces or nephews)
Grandparents
Issue of grandparents (meaning aunts or uncles)
Adult-children of a predeceased spouse or registered domestic partner
Other issue of a predeceased spouse or registered domestic partner
Other next of kin
Parents of a predeceased spouse or registered domestic partner
Issue of parents of a predeceased spouse or registered domestic partner
Conservator or guardian of the estate acting in that capacity at the time of death who has filed a first account and is not acting as a conservator or guardian for any other person
Public administrator
Creditors
A Fiduciary
For further questions, please complete the form below and one of our team members will get back to you. For any legal questions related to your estate or probate matters, your question will be referred to an attorney who will be in the position to assist you.
The information provided is intended as general information regarding the probate process. I am not a licensed attorney.
