Legal Question in Wills and Trusts in California

Re: Executor Fees

An estate valued at under $100,000 does not require a probate. Some basic information and forms are avaialble under the "small estates" link on our firm's web site at www.No-Probate.com.

There are also some DMV forms avaialble there as well that should be of some assistance. The DMV has their own procedures for vehicle transfer.

If you would like some assistance with the process, please feel free to contact me either through the site (No-Probate.com) or directly at 626-578-0708.

Warmest Regards,

Scott Linden

Re: Executor Fees

Depends. Does the will say anything about it?

Re: Executor Fees

An estate under $ 100K does not require probate. Call me directly at (619) 222-3504.

Re: Executor Fees

Keep in mind that the Probate Code provisions relating to executor's fees (and attorneys fees which are the same) and for collection or tranfer of a small estate without administration ($100,000 or less) are based on the gross estate value (the value of assets subject to probate without reduction for liabilities).

In addition, the maximum gross value of real property that can be transferred by affidavit (without probate) is $20,000.

For these reasons, probate may be necessary - depending upon the specific facts and the language of the will. SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=10001-11000&file=10800-10805

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13100-13116

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13200-13210

With regard to the DMV question, it depends upon the language of the will.