Legal Question in Wills and Trusts in California

Re: paying for probate

Thank you very much for your question. The best approach is to hire a probate attorney. The attorney will not be paid until the very end, so you need not worry about legal fees at the moment. In addition, you may be able to have a predistribution prior to close of probate so that you have some money prior to the completion of the entire process. If you want to discuss this further, please to not hesitate to call me at (408) 268-2580.

Sincerely,

Kai H. Wessels, Esq.

Re: paying for probate

Attorney fees for probate matters aren't generally paid until the end of the probate process and approved by the court, so you shouldn't have to come up with attorney fees prior to starting probate (not that I haven't seen attorneys ask for them in advance anyway). You may have to pay costs as they arise, like the filing fee (about $225) and the publication of the probate notice (usually between $200-450).

The debts will also be taken care of during the probate process.

You can get a loan on the property during probate, if needed, and the heirs can also get loans against their share of the estate, but such advances can be more costly than a typical loan. If you're planning on selling the property, that can be done during the probate process as well--the typical probate lasts about 9-12 months from time of filing to the distribution of the assets.

There can also be an "early distribution" to beneficiaries during the probate, so consult with an attorney familiar with the probate process to get started.