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PROBATE - WHAT IS IT? Probate is the court procedure where your Personal Representative (also known as an Executor or Administrator) files your will and legal papers required by California Law with the Court.  The purpose of the probate is to prevent fraud, and to give a “legal blessing” to the transfer of your property to the correct persons.  In Solano County, even an uncontested probate rarely gets through from start to finish in under one year, and often it takes 18 months to 2 years.  The probate process is complicated.  California law requires your Personal Representative to have appraisals of real estate and other items considered valuable performed, an inventory of all assets in the household prepared, an accounting of all funds from the date of passing until the end of the probate, and notice given to every person to whom you are closely related (whether you want them to inherit anything or not). It is difficult for non-lawyers to go through the probate process themselves.  The Court will not accept papers that are not filed properly (how do you know what is the proper format?)  You must do your own legal research, as the clerks are forbidden from giving you advice.  The time that it takes to do the research alone makes it prohibitive for the average citizen to figure out what is required for the probate process.  The most challenging aspects of a probate are those that a lay person might not appreciate.  Figuring out how to file a probate does not mean that you are aware of the tax implications, real estate issues (how does one create a proper deed?), or special needs of substance abusers, the physically challenged or the elderly who are affected by the probate process, until it is too late. California Probate Code §10810 10810: (a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows: 1.Four percent on the first one hundred thousand dollars ($100,000) 2.Three percent on the next one hundred thousand dollars ($100,000) 3.Two percent on the next eight hundred thousand dollars ($800,000) 4.One percent on the next nine million dollars ($9,000,000) 5.One-half of 1 percent on the next fifteen million dollars ($15,000,000) 6.For all amount above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court. (B) For the purpose of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property. Using the above listed statutory fee guideline, a probate estate consisting of a single family home valued at $400,000 would result in $11,000 attorney fees and under CA statutory compensation fee, the executor would also be entitled to $11,000. In addition to the statutory attorney and executor fees that are due, a probate estate must also pay probate filing fees.  

Anne M. Campbell, Esq.

Call to make an appointment in Northern California counties: (707)449-0800 For appointments in Central California or with other questions: (805)594-1669 Anne@AnneCampbellLaw.com State Bar # 114687
Recognized as “Best Senior Law Firm” in Solano County 2015 Now Serving the San Luis Obispo Region! Value of Estate 		Attorney Fees  $100,000 				 $4,000  $200,000 				 $7,000  $300,000 				 $9,000  $400,000				$11,000  $500,000 				$13,000  $600,000 				$15,000  $700,000 				$17,000  $800,000 				$19,000  $900,000 				$21,000  $1,000,000 			$23,000  $2,000,000 			$33,000  $3,000,000 			$43,000 Value of Estate 			Filing Fee  Under $250,000 				$320  $250,000 - $500,000 			$385  $500,000 - $750,000 			$485  $750,000 - $1 million 			$635  $1 million - $1.5 million 	       $1,135  $1.5 million - $2 million 	       $2,135  $2 million - $2.5 million 	       $2,635  $2.5 million - $3 million 	       $3,635
Probate Personal Representative Executor Administrator, statutory fee guideline, probate estate, attorney fees, CA statutory compensation fee, napa valley attorney, vacaville ca, san luis obispo ca
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