Legal Question in Wills and Trusts in California

Re: Probate or Not Probate

If your mother's share of the estat is over $100,000, the will and the estate must be probated. A lot will depend on how your mother's assets were held. If your mother and father had a home or bank accounts that were held in joint tenancy, or community property with right of survivorship, then your father would automatically become the full owner.

If the assets were tenants in common, community property or her separate property, then the will would determine distribution.

Regarding fees, they are set by statute in California, based on a percentage of the estate. This way, people are not gouged at a time of grief.

I am in Northern California, so let me know if I can help.

Ken Koenen

925-924-0100

Re: Probate or Not Probate

Yes, you should immediately seek the advice of a qualified estate attorney. Their fees will be determined by the law in the State where the estate will be administered. For example, in Colorado an attorney is permitted to charge a reasonable fee.

In California, the statutory scheme allows the attorney to receive a percentage of the estate. Accordingly, the fees you might expect to pay for the estate will depend on these factors.

Re: Probate or Not Probate

Attorneys fees to probate an estate are dependent on the size of the estate and are set by statute. They range from 4% for smaller estates to 2% for very large estates.

Whether or not you have to probate and estate depends on whether or not the size of the estate exceeds $100k in California. Therefore, there would normally not be a probate if the estate falls below $100k.

Feel free to email me with any questions.

Regards,

Mina Sirkin, Esq.

[email protected]