Are you mourning the loss of a loved one?
Probate is a process where the court oversees the administration of a deceased person’s estate or, in other words, distribution of assets of a person after his or her death.
There are two types of probate in California:
- Intestate: Where the decedent died without a will.
- Testate: Where the decedent died with a will.
With either an intestate or testate probate, the estate must pass through probate court. In California, a will must pass through probate court since a will may be a simple handwritten document, and thus, must be proved to be authentic.
In California, attorney’s fees are based on the gross value of the probate estate. These fees are called statutory fees.
In this schedule, $4,000.00 is paid for the first $100,000.00 of assets, $3,000.00 for the next $100,000.00 of assets, $2,000.00 per $100,000.00 for the next $800,000.00 of assets, and then $1,000.00 per $100,000 for the next $9,000,000.00 of assets.
For example, an estate worth $500,000.00 would have statutory attorney’s fees of $13,000.00 ($4,000.00 + $3,000.00 + $2,000.00 + $2,000.00 + $2,000.00). As you can see, probate fees are costly, which is why a living trust is recommended to most clients.
The probate process involves multiple court filings and lots of paperwork with which our offices can assist you. Unfortunately, a typical probate process takes 12 to 16 months since probate court dates are difficult to obtain in California. However, our office does its very best to help you navigate the world of probate as efficiently as possible.
Alternatively, a “small estate” probate may be possible if the probate estate, which includes real property, is $150,000.00 or less. A small estate probate is an expedited process that has two advantages:
- Time: A small estate probate typically takes 2-6 months to complete.
- Cost: A small estate probate does not involve statutory attorney’s fees as above outlined.
Depending on your given legal situation, other simplified probate petitions may be possible. Our office always does its best to advise you how to solve your probate situation as quickly and as inexpensively as possible.
For additional information regarding the probate process, please contact Tony at (626) 858-9378.
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– James V I contacted the Law Office of Tony Tyre. I had made an appointment to come in and speak with him in regards to my Dad and Mom’s trust and estate. I came in and met with Tony to go over the trust with him. He explained the trust proceedings, and how he works for me and acts in my best interest. He remained in contact with me every step of the way, from start to finish. He went over the trust with a fine-tooth comb. He would advise you if it would be feasible to fight for something and when you could throw your money away, but the last word is always up to you. Their office staff was very friendly and very helpful every step of the way. I couldn’t ask for anything better. They contacted the interested parties of the trust and went over with them how the trust affects them. I couldn’t be happier with the service and the personal touch that Tony and his office staff gave me. Thank you for all of your help.
It has been a real pleasure working with you. The staff are great to work with - knowing and efficient, and great dispositions. Wishing you great success and happiness.– Sandra L
Please know, that I most grateful to you for your many services and support you provided for me and the family on our needs. We felt in good and professional hands. As future legal matters arise, I will contact your for your legal services. All my best wishes.– M.O.
You and your associates have done a fabulous professional job for us. Thank you so much– Margaret G
Thank you both for all the work you have done on my behalf. You made a difficult time in my life a little easier knowing that the legal end of things would be handled by real professionals. Your kindness and attention to my feelings during this process I believe are not the norm, but certainly rare and I thank you for that.– L.L.
Tony is able to explain the legal aspects of a trust in layman's terms. He's a great communicator and very experienced in his field. His staff is knowledgeable, and responsive to your calls. A very friendly and professional team. Would definitely refer to family & friends.– M.E.