California Estate Planning Blog by Kevin Staker

March 6, 2016

Kevin Staker on Probate in California

Filed under: Kevin Staker,Uncategorized — Kevin Staker @ 6:33 pm
Tags:

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

Advertisements

Leave a Comment »

No comments yet.

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: