PROBATE FAQs - sTATE OF CALIFORNIA
How much does a probate attorney cost?
Percentage of the Estate: California law limits attorneys' fees based on the estate value, usually around 4% to 5% of the total estate, plus additional costs for expenses like court fees, appraisals, publishing notices, etc . The fee is paid to the attorney at the end of probate, with the estate proceeds.
When do you need a probate lawyer?
Probate can be complicated, time-consuming, and legally intricate. Mistakes can lead to delays or additional costs, and disputes can become costly. It is best to hire an attorney as soon as possible.
How long does probate take?
Probate in California typically takes between 9 months to over a year. The exact duration depends on factors such as:
- Size and complexity of the estate
- Whether the estate is contested or disputed
- Speed of the court process and filing delays
- Whether all debts and taxes are settled promptly
- Court schedule and backlog
General Timeline:
- Simple estates: Often around 6 to 9 months if there are no disputes.
- More complex or contested estates: Can take 1 to 2 years or longer.
What documents are needed for probate?
In California, several key documents are required to initiate and complete the probate process. Here’s a list of common documents:
Essential Documents for Probate:
- Petition for Probate (Form DE-111)
- The main form to start the probate process, requesting authority to administer the estate.
- Original Death Certificate
- A certified copy of the decedent’s death certificate.
- Will (if any)
- The original will and any codicils, if the decedent left one.
- Notice of Petition to Administer Estate (Form DE-121)
- To notify heirs, beneficiaries, and interested parties.
- Affidavit of Notice (Form DE-157)
- Proof that notices were properly served.
- Letters of Special Administration or Letters of Administration
- Court-issued legal authority to act on behalf of the estate once probate is granted.
- Inventory and Appraisal (Form DE-160/DE-161)
- A detailed list of estate assets with their value.
- Declaration of Due Diligence (if applicable)
- Proof that the court has been properly notified if some heirs or beneficiaries cannot be located.
- Debts and Creditors Notice (if required)
- Formal notice to creditors.
- Receipts and Disbursements
- Records of estate income, expenses, and distributions.
Additional helpful documents:
- Birth Certificates or Marriage Certificates (to establish relationships)
- Trust documents (if the estate includes a trust)
- Tax returns (for the decedent and estate)
Do I need an attorney if I’m an executor?
Whether you need an attorney as an executor in California depends on your comfort level and the complexity of the estate. Here’s a quick overview:
You Might Need an Attorney If:
- The estate is large or complex, with many assets or debts.
- There are disputes among heirs, beneficiaries, or creditors.
- You’re unfamiliar with probate laws and procedures.
- You need help preparing or filing legal documents.
- The estate includes businesses, real estate, or unusual assets.
- You face challenges such as contested wills or claims.
What is the probate process?
The probate process in California is a legal procedure to administer a deceased person's estate, ensuring assets are distributed according to the will (if there is one) or state law (if there isn't).