Tell Me More: All About Probate

What is probate?
Probate is the legal process for reviewing the assets of a deceased person and determining inheritors. A probate proceeding is not always required upon death but is usually essential when a deceased person’s remaining estate is of high value. Probate proceedings are usually focused on the existence of a will.

What is the average timeline of probate?
One year,  however, it could easily last longer with contest, procedural mistakes, or creditor issues.

How can I prevent the probate of my own estate after my death?
Meet with an estate planning attorney to review your assets and determine if you require a trust.

I’ve been named as executor of my loved one’s will, what does that actually entail?
An executor is a fiduciary. You will have to follow procedural rules of the probate court and safeguard property for heirs. You will also be in charge of notifying creditors and required government entities before distributing the assets to heirs.

How will I know if my loved one’s estate is subject to probate?
If they own assets over $150,000 that…

  • Are not titled in the name of a trust
  • Do not have a joint tenant
  • Do not have a pay-on-death beneficiary


Why do I need a probate attorney, and what exactly do they do?
An experienced probate attorney will make sure there are no unnecessary delays in your case and represent you in court.

What is the cost of hiring an LA County Probate Attorney? 
In California, probate attorney’s fees are calculated based on the gross appraised value of the probate estate as follows:

  • 4% of the first $100,000
  • 3% of the next $100,000
  • 2% of the next $800,000
  • 1% of the next $9 million



The attorney’s fees are paid at the end of the probate administration. Our office requires a retainer of $2,000 for filing fees, publishing fees, and other probate costs. This retainer is reimbursable to the personal representative.

How do I retain a probate attorney?
You may call our office at (626) 390-5953 or email us at contact@brittonlawgroup.com to schedule a free consultation.

Happy Planning!

B.B.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Brittany Britton is licensed to practice law in the state of California only.







Leave a Comment