Articles

Probate cases have many fees. Fees paid to the Attorney and also to the Executor or Administrator are based on the estate’s value. So, what are those ‘other’ expenses of probate and how much are they? Court Filing Fees Most court-based estate settlement procedures will require some filing fee. Full estate administration in a California…

Everyone wants to know: “How long will this probate take?” Completely normal situations, like selling estate property or dealing with stock certificates, can add delays. However, a basic probate case can close in about a year with attentive support staff. Please note that the COVID backlog persists which together with court under-staffing cause 3-6 month…

SmartProbate is unique as a law firm in that we support families in settling estates in all 58 California counties. However, we cannot help everyone, and it makes us sad to turn away families needing support. If we are too busy to accept your case, or if a conflict prevents us from accepting your case, I…

If you are encountering probate for the first time, you probably have questions. We are here to provide guidance and support. Whether you’re here because you need to open a probate case or need to monitor a case someone else has filed, it often starts with a Probate Orientation. Our compassionate probate specialist and senior…

Good news! California has raised the value of inherited real estate you can collect without going through the whole probate process. If you are inheriting real estate worth $61,500 or less, we can help you claim your property faster and at lower cost than the normal probate process. Here’s how it works — Let’s say…

We talk about this concept of ‘Community Property’ and ‘Separate Property’ when dealing with items and accounts in the Estate. But what do these words actually mean? California is a Community Property state. According to Family Code § 760, “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a…

We’re here for you! Yet, we’re not ideal for everyone. So, let’s get more specific about the ‘you’ we’re talking about. To ask this another way, might you be our ideal client? Let’s consider it! Our ideal client has a simple probate case. So, what’s simple? By simple we mean a few things. First, we can…

Well, I just found out. Let me share this information with you. My client, the Personal Representative of her mother’s estate, had used some of her own money to pay her mother’s expenses. She filed a claim for reimbursement, but the court rejected her claim. At the bottom of the form, the clerk had written “These are claims of Equitable…

Probate Referees, Personal Representatives (both Executors and Administrators), and attorneys are paid according to law. These are called statutory fees. Under probate code 8961, the probate referee “shall receive … one-tenth of one percent of the total value of the property for each estate appraised … .” When you file a petition for probate, a…

Probate cases have many fees. Fees paid to the Attorney and also to the Executor or Administrator are based on the estate’s value. So, what are those ‘other’ expenses of probate and how much are they? Court Filing Fees Most court-based estate settlement procedures will require some filing fee. Full estate administration in a California…

Seriously. Write your will already. Do it right now. Click below to download our simple, short, and free one-page California will. Download your California Will Here This will was designed for most Californians. It provides an outright gift of everything to your spouse. If you are not survived by a spouse, your estate is shared equally by your children. If…

Drops appeared on my yoga mat; I was surprised that the drops originated from me.  The sweat on my hands made my sticky mat less sticky. Online, there is an overwhelming number of articles talking about all the different aspects of yoga – its origins in India, the different styles of yoga, the physical benefits,…

Everyone wants to know: “How long will this probate take?” Completely normal situations, like selling estate property or dealing with stock certificates, can add delays. However, a basic probate case can close in about a year with attentive support staff. Please note that the COVID backlog persists which together with court under-staffing cause 3-6 month…

One of the most vulnerable human experiences is mortality. Understandably, many of us may feel unprepared to lose a loved one. There may have been much left unsaid, or maybe too much painfully said, when they were alive. Either way, the finality of death forces some practical aspects to get clear, if not instantly, then…

For some, probate is about protecting family property. To keep everyone clear on who owns what, you’ll want the county’s ownership records updated. Perhaps you’ve just arrived near the end of probate, and have an Order for Final Distribution in your hands. Let’s get right to the point. Your court might issue an order, but…

Biggest Concerns When a Probate Includes a Property in Foreclosure Proceedings Family deaths are never easy. Not only are you faced with loss, but you’re often faced with having to sort through the legal process necessary to settle an estate. One large asset that is normally included in a will is a house. Since houses are…

Have you wanted to comfort a survivor, yet felt befuddled, hesitating to intrude awkwardly on someone’s sorrow? Does the distance feel wider when the survivor is a child? Luckily, some kind and creative folk have illustrated and authored books about death and loss for children. My favorite is The Dead Bird, by Margaret Wise Brown (of Good Night Moon fame), illustrated by…

Probate is a long and frustrating process. Difficult on its own, probate is further complicated by its proximity to grieving and end-of-life complexities. I’ve found that those who prepared well for death also prepared well for inheritance and other post-death concerns. I wanted to be prepared too, but I didn’t know where to start. Thankfully Atul Gawande,…

If someone named you as a pay-on-death beneficiary of a life insurance policy, a retirement-type account (IRA, deferred compensation plan, 401k, etc.), or even just a brokerage or regular bank account, you will need to find out how to claim the asset. The following are some general tips – not legal advice. Be sure to…