Legal Question in Wills and Trusts in California
I am working pro per. My mom estate is simple she did not have much for personal property but her home. I don't have any funds to put into an estate account to pay for fees. The only fees I do have is all of the probate fees, that I have been paying myself. I already went thru petition for probate and paid the fees, now I have to pay for the probate referee and the closing costs. She didn't have to pay taxes or pay any creditors or have any loans, she owed nothing. I am the administrator with will annexed and her sole beneficiary and my concern is will I get in trouble with the court if I pay the fees myself, and I am not asking to be paid for my duties as administrator or want to be reinbursed for what I paid so will I be force to sell assets to reimburse myself? I have another question when you do inventory and appraisal does the personal property have to be the same amount on the petition for probate? Thank you
1 Answer from Attorneys
As long as you pay the newspaper which published the notice, the refereee, all your mother's creditors and taxes and the filing fee for the Petition for Distribution, you are OK- just say in the petition that you wish to waive your statutory fee fee. You should also record a certified copy of the Order for Distribution with the county Recorder to establish your title to the home.
Most people give the referee a very low estimate for personal property, and he or she will use that number.
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