Probate

Probate is a lengthy and time consuming legal process that the law requires when someone dies with a will instead of a properly drafted trust.  Probate is also required when someone dies without any will or trust in place. In a probate proceeding, all of the assets of the deceased must be inventoried by the court who then oversees the distribution to the beneficiaries as named in the will.  Probate is a mandatory process that is complex and cumbersome.  To the grieving family, the probate process can be a huge nightmare.

Often times a knowledgeable attorney is retained to handle the probate proceeding.  The attorney will coordinate the necessary court filings, the asset appraisals, payment of taxes, preservation of assets and court appearances.

Probate can be expensive.  California law sets forth a schedule of how much the estate must pay in attorney fees.  The amount of the fees is determined as a percentage of the total value of the assets in the estate. At present the fees are 4% of the first $100,000, 3% of the second $100,000, and 2% on each $100,000 thereafter up to a $1,000,000.   The fees on larger estates are also statutory.

The Brownell Law Corporation handles probate matters.  If we can assist you and your family at this difficult time, please contact us our office.