Legal Question in Real Estate Law in California

Re: Legal process for Executor of Will regarding Mother's house?

Fees for handling probate are regulated by law, and the maximum charge usually relates to the value of the estate. See Probate Code section 10810. Recently, the maximum fee for a routine probate was 4% of the first $100K, 3% of the next $100K, and 2% of the next $800K. If the house sells for $500K, the fee would be capped at $13,000. You may be able to find attorneys who will agree to a lower fee, just as real estate brokers will negotiate for less than the 6% "traditional" commission.

Re: Legal process for Executor of Will regarding Mother's house?

You need to probate the will. It is a difficult process and an attorney is recommended. Fees are restricted by law and reasonable for the amount of work involved. Call me directly at 1.619.222.3504.

Re: Legal process for Executor of Will regarding Mother's house?

You will have to initiate a probate procedure, and you will have to lodge the will with the court. I would recommend that you speak to a probate lawyer as soon as possible. The fact that your siblings are in agreement is good news, and will make the process less expensive and faster.

But in order to proceed for the future, you will need to file a petition for issuance of letters, and have the will probated. A lot of people try to skip this process and it creates problems down the line.

Very truly yours,