Probate Law

We understand that losing a loved one can be an emotional and exhausting experience. Grieving and trying to deal with estate administration can be overwhelming and difficult. Having a trusted and caring attorney that you can turn to for assistance can make a difficult time a little easier for you and your family.

Probate is a legal process that occurs after someone’s death. It can involve proving that a will is valid in court, distributing property per the will’s instructions (or according to state law if there is no will), conducting an inventory of the deceased’s assets, property appraisals, and payment of taxes and debts. In most cases, probate can take at least nine months and some cases drag on for years.

California Probate Code Section 10810 sets the maximum statutory fees that attorneys can charge for probate. Higher fees might be ordered by a court for complicated and extraordinary cases. The fees are set by statute and based on the deceased’s assets as follows:

(1) 4% on the first $100,000
(2) 3% on the next $100,000
(3) 2% on the next $800,000
(4) 1% on the next $9,000,000
(5) 1/2 % on the next $15,000,000
(6) For all amounts above $25,000,000, a reasonable amount to be determined by the court.

If you would like to speak with an attorney about probating an estate, contact our office today at 408-899-9529.

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