Probate Attorneys we Like!

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…

What to expect in your free Probate Orientation

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…

Affidavit of Real Property of Small Value

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…

Community vs Separate Property

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…

Are You Our Ideal Client?

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…

Equitable Subrogation

What is Equitable Subrogation?

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…

Statutory Fees

Statutory Fees – Behind the Calculator!

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…

Fees of Probate

The Fees of Probate

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…

Write Your Will California

Write your will already!

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…

Shavasana – the final resting pose

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,…