Probate is a court proceeding that simply changes title from the decedent to an executor. The title “executor” technically only applies if there is a Will being probated. If there is no Will, the personal representative is technically the “administrator” of the estate. If there is a Will, but the named executor fails to serve, then the personal representative is called the “administrator with Will annexed”.
A probate in California is triggered if the decedent had more than $150,000 in assets in the decedent’s name alone, without a beneficiary. Automobiles do not count towards the $150,000 and only have to be probated if a probate is triggered by other assets.
Attorneys fees in a California probate are based on the gross size of the estate. Not the amount of work performed. Hence, one should have a living trust to avoid a probate.
If you need a probate, however, for your decedent, StakerLaw would be honored to assist you. We generally will give a discount off of the state set fees.
By Kevin Staker