Probate settles a deceased person's estate in California. It's required if the estate is worth more than $184,500. Probate typically occurs when the deceased person died without a will, but it can also occur if the deceased person had a will but owned real property that is subject to probate. So Dad didn't put the house deed in a Living Trust and there is equity in the home and other checking, and savings accounts. Gather up all the paperwork. Start checking the mail for mortgage bills, insurance bills, bank statements and other papers you need to compile.
The probate process can take anywhere from twelve to eighteen months, but California law states that the personal representative should have completed probate within a year of being appointed.
Probate fees are based on the gross value of the estate and are as follows: 4% on the first $100,000; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9,000,000; 0.5% on the next $15,000,000. There is also a filing fee of about $435.
If no one files probate, the court can freeze the decedent's assets, making them inaccessible to heirs and other beneficiaries until debts are paid.
You can avoid probate by making a living trust to avoid probate for virtually any asset you own. You can also set up a brokerage account to pass on your death to a named beneficiary or beneficiaries without going through probate.
The fee to file a probate petition is approximately $500, but may be slightly higher in some counties due to surcharges. There will be an additional fee of approximately $500 when the petition for final distribution is filed.
Higher fees can be ordered by a court in special circumstances and for more complicated cases.
You can complete probate on your own, but an attorney can make the process easier. Here is a list of some of the forms you need to file. They do not have to be typed but fill in all the boxes and read carefully.
Petition for Probate: Form DE-111, which can be downloaded and completed from the county website.
Original Will: If there is one
Notice of Petition to Administer the Estate: Form DE-121
Duties and Liabilities for Personal Representative: Form DE-147
Order to Probate: Form DE-140
Letters: DE-150
You can file the petition with the local court. The petition must be filed with the California Superior Court in the county where the deceased resided at the time of their death.
You can have up to one year after the person's death to file probate and settle the estate in California
If no one files probate, the court can freeze the decedent's assets, making them inaccessible to heirs and other beneficiaries until debts are paid.
You can avoid probate by making a living trust to avoid probate for virtually any asset you own. You can also set up a brokerage account to pass on your death to a named beneficiary or beneficiaries without going through probate.
The fee to file a probate petition is approximately $500, but may be slightly higher in some counties due to surcharges. There will be an additional fee of approximately $500 when the petition for final distribution is filed.
Higher fees can be ordered by a court in special circumstances and for more complicated cases.
You can complete probate on your own, but an attorney can make the process easier. Here is a list of some of the forms you need to file. They do not have to be typed but fill in all the boxes and read carefully.
Petition for Probate: Form DE-111, which can be downloaded and completed from the county website.
Original Will: If there is one
Notice of Petition to Administer the Estate: Form DE-121
Duties and Liabilities for Personal Representative: Form DE-147
Order to Probate: Form DE-140
Letters: DE-150
You can file the petition with the local court. The petition must be filed with the California Superior Court in the county where the deceased resided at the time of their death.
You can have up to one year after the person's death to file probate and settle the estate in California
