Legal Question in Wills and Trusts in California
where are the forms online to file a petition for an estate in excess of $100k? Also, is this a process that can be done by an individual relatively easy... or is it in my best interest to pay a probabte attorney?
3 Answers from Attorneys
you should hire a lawyer... but if you want to try to do it yourself, get the Nolo Press book for California probate (and forms)
Probates can be easy, but usually are not. There are too man t's to cross and i's to dot, and even some attorneys can miss things. Attorney fees are paid from the estate and are fixed by California statute.
I believe your local probate Court will sell you a pack of the main forms. Nolo is another alternative. However, it is my experience that a good probate attorney will earn their fee by saving you money. They will earn their fee by helping you deal with creditors, taxes (for example, making sure the right property tax forms are filed to avoid a supplemental assessment), and a host of other situations that arise. They also will get it done in a timely fashion. Most Courts continue a hearing between 4 and 8 weeks if a person does something wrong. If you start piling up continuances the probate process can get pretty long. This won't happen with a good attorney. Also, above all else, they will make things easier for YOU! I would encourage you to find a qualified probate attorney who is efficient at their work. I am a certified specialist in probate, estate and trust law. I perform probates in all counties in California and "appear" by CourtCall if a Court appearance is needed. Call me! -John