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PROBATE LAW
Probate is a legal process by which a Decedent's debts are paid and assets distributed upon death. The probate process varies from state to state in complexity and expense. If you are in charge of the estate of someone who died without a trust in San Diego County, and you would like our assistance in probating the estate of that individual, please complete the Probate Worksheet and call our office for a complimentary consultation.
Please check the Glossary for terms that are commonly used. They may have special meanings under the law.
Please check the Glossary for terms that are commonly used. They may have special meanings under the law.
Unfortunately, in California, Probate is an expensive and time consuming process.
Probate fees are calculated by the gross, not the net estate, and are governed by the Probate Code, Section 10810. In addition to the "statutory" fees, attorneys and executors or administrators are entitled to "extraordinary" fees for additional work performed on behalf of the decedent's estate. Probate fees in excess of eight (8) percent of the gross estate are not unusual. In addition to the fees for attorneys and executors or administrators, probate costs can also be substantial. Costs are incurred for court filings, publication of notices, probate referee fees and numerous other incidentals.
In California, it is not unusual for probate proceedings to take eighteen months from the time of the initial filing with the court until the discharge of the executor or administrator by the court. Depending on the circumstances, some take even longer.
An "Executor" is the person designated in a will to administer a decedent's estate. An "Administrator" is appointed to administer an estate either when there is no will, when an executor has not been named in the will, or when the person named in the will as executor is unable or unwilling to act. We will often refer to "Personal Representatives," a term which includes both executors and administrators.
Probate fees are calculated by the gross, not the net estate, and are governed by the Probate Code, Section 10810. In addition to the "statutory" fees, attorneys and executors or administrators are entitled to "extraordinary" fees for additional work performed on behalf of the decedent's estate. Probate fees in excess of eight (8) percent of the gross estate are not unusual. In addition to the fees for attorneys and executors or administrators, probate costs can also be substantial. Costs are incurred for court filings, publication of notices, probate referee fees and numerous other incidentals.
In California, it is not unusual for probate proceedings to take eighteen months from the time of the initial filing with the court until the discharge of the executor or administrator by the court. Depending on the circumstances, some take even longer.
An "Executor" is the person designated in a will to administer a decedent's estate. An "Administrator" is appointed to administer an estate either when there is no will, when an executor has not been named in the will, or when the person named in the will as executor is unable or unwilling to act. We will often refer to "Personal Representatives," a term which includes both executors and administrators.
A complete and detailed introduction to the process of probate is divided into a number of sections. These sections are specified below. To access each section, please click on the title of that section.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright 2023 © by Jacqueline M. Skay. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
Copyright 2023 © by Jacqueline M. Skay. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.