CALFORNIA Probate Rules
Probate hearings in California are
held in the Probate Department of the Superior Court in the county
where the decedent lived at the time of their death. The petition
should be filed at the Superior Court office located in the county in which the
decedent resided. This can be found on the county of record’s website.
Every county provides the blank fillable forms needed. This is not a simple
process, and the forms need to be correct, or the judge will delay your process. The forms may be hand written if legible- print very carefully. All documentation submitted by pdf must be clear and readable.
The Probate Department handles
decedents' estates, trusts, and conservatorships. It also hears petitions
to establish fact of birth, death, and marriage as well as elder abuse
petitions.
·
Probate time limits:
In California, executors or
administrators of estates have one year to complete probate. However,
extensions can be requested when delays occur. The probate process
generally takes 12 to 18 months.
·
Probate not necessary if under this
dollar amount total:
Probate is not necessary if the total
value of the assets at the time of death does not exceed $166,250. This
figure does not include vehicles and certain other assets. Since real estate property in California is high cost, many families/heirs find they will need to go through probate. You will need a copy of any mortgage payment on the real estate and HOA bills.
·
Hearing dates:
The court could set a hearing date 15
days after the petition is filed. However, most probate courts set
hearings between 30 and 45 days from filing. Some courts still allow virtual
hearings, see your county website.
·
Notice requirements
Notice must be given by first class
mail or by personally delivering a copy to each person or entity at least 15
days prior to the hearing. Each person should receive a copy of the
"Notice of Petition to Administer Estate" showing the hearing date
information.
·
Factors for attorney's fee
Rule 7.955(b) of California Rules of
Court contains a list of factors courts may consider in determining a
reasonable attorney's fee. These factors include the experience,
reputation, and ability of the attorney performing the legal services, and the
time and labor required.
Initial
filing fee for a probate case in California is $435.
Additional
fees
- Petitions: For the
appointment of a personal representative, objections to petitions, or
other court filings
- Copies: To certify copies of
court documents
- Notice: To publicize probate
notice
Fee waivers If you can demonstrate in
writing financial hardship, you can apply to the court for a fee waiver.
Attorney fees California is one of a
handful of states that allows attorneys to bill according to a percentage of
the total value of the estate. For example, lawyers can collect 2.5
percent in fees. The executor of the estate can claim the same fee.
