Los Angeles Probate

A probate is a court procedure where the assets of a deceased person (the “decedent”) are divided according to the decedent’s will, or according to law if there was no valid will. Without a valid will, the court will distribute the decedent’s property to his or her closest living relatives, to the decedent’s spouse, offspring, parents and siblings.

If there is a will, but there is a question as to its validity, sometimes a cause of action can be brought to challenge the terms of the will. This action is called a will contest.

A carefully drafted estate plan prior to death can help avoid the costly administrative fees, attorneys’ fees and taxes connected with a person’s death and ensure that your assets are divided exactly as you want them to be.

If a loved one has died and you need a lawyer to help you through the probate process, contact us and we will help you through this difficult time.

We will come and visit you if you have mobility or health problems that prevent you from traveling to our offices. Please call us now for an inexpensive, confidential consultation.

The Costs of Probate

Probate is the formal administration of a deceased person’s (decedent’s) estate in court. Only the “probate” assets are administered.  Assets that pass by law or contract are not probated, for example, real property held in joint tenancy or insurance benefits.

The major costs of probate are the commission earned by the estate representative and attorney’s fees. Both are set by statute at the same rate: 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000; 1% thereafter.

There also are costs of publishing the notice that the estate is being administered, bond costs (if bond is not waived), filing fees, and so forth. Under a recent change in the law, filing fees are graduated depending on the size of the estate as follows: $320 for estates under $250,000; $385 for estates at least $250,000 and under $500,000; $485 for estates at least $500,000 and under $750,000; $635 for estates at least $750,000 and under $1,000,000; $1,135 for estates at least $1,000,000 and under $1,500,000; $2,135 for estates at least $1,500,000 and under $2,000,000; $2,635 for estates at least $2,000,000 and under $2,500,000; $2,635 for estates at least $2,500,000 and under $3,500,000; $3,635 for estates of $3,500,000 and over.