California Probate Terms - Probate in California

You may be wondering: "What is Probate in California?" In a nutshell, Probate in California is the entire legal process that ties up the "loose ends" in a person's financial and legal life after they die. This process is handled by the county Superior Court where the deceased lived. When it comes to Probate in California, some cases can be done in seven months, while other cases can stretch out over several years.
During the entire process of Probate in California, an executor carries out the last wishes of the deceased, distributing the estate in whatever way is indicated in the will or other legal documents. If no executor is listed in a will or legal document, there are provisions in the California Probate Code which give priority to certain individuals. The executor must first be given the appointment by the Superior Court, though. If any Probate in California is distributed without the approval of the executor, the person distributing the assets could be found personally responsible for any work done.

Basically, the executor of an estate distributes the assets of the deceased to the rightful heirs. Before that can be completed, all of the deceased's debts and taxes much be taken care of from moneys in the estate. If a will is thorough, an executor's job can be relatively easy and the heirs can receive their portion of the estate in a short amount of time.

Probate in California can be expensive, but the total cost is limited by the California Probate Code. Attorneys helping in probate cases can receive 4% for the first $100 thousand of an estate, 3% for the second $100 thousand, 2% for $800 thousand above that amount, 1% for the next $9 million and .5% of the next $15 million. When a case is extremely difficult and complicated, attorneys can be granted permission by the court to charge more than the above indicated amounts. The courts determine what an attorney will be compensated when an estate is worth more than $25 million. If lawsuits are tied up in the Probate of an estate, higher attorney fees are frequently incurred.

There are definite advantages and disadvantages to Probate in California. Some estates do not even have to fall under probate, such as instances that there is a surviving spouse who will receive the entire estate. If you are concerned about your estate and how it will be divided due to Probate in California, it will not hurt to get the opinion of an experienced attorney.

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