Probate FAQs

How do I know if my loved one’s estate is subject to probate?

If they own assets that…

  • Are not titled in the name of a trust
  • Do not have a joint tenant
  • Do not have a pay-on-death beneficiary

I’ve been named as executor of my loved one’s will, what does that entail?

An executor is a fiduciary. You must follow procedural rules of the probate court and safeguard property for heirs, as well as notify creditors and required government entities before distributing the assets to heirs.

Why do I need a probate attorney, and what exactly do they do?

An experienced probate attorney will make sure there are no unnecessary delays in your case and represent you in court.

What is the average timeline of a probate?

One year but could easily last longer with contest, creditor issues, or procedural mistakes.

What is the cost of hiring an LA County Probate Attorney?  

In California, probate attorney’s fees are calculated based on the gross appraised value of the probate estate as follows:

  • 4% of the first $100,000
  • 3% of the next $100,000
  • 2% of the next $800,000
  • 1% of the next $9 million

The attorney’s fees are paid at the end of the probate administration. Our office requires a retainer of $2,000 for filing fees, publishing fees, and other probate costs. This retainer is reimbursable to the personal representative.

Additional Fees:

  • Filing fees:  $480 each petition
  • Publishing fees: $250-$1000
  • Probate referee fees: vary by the estate

How do I retain a probate attorney?

You may call our office at (626) 390-5953 or email Brittany at Brittany@BrittanyBrittonLaw.com to schedule a free consultation.

How can I prevent the probate of my own estate after my death?    

Meet with an estate planning attorney to review your assets and determine if you require a trust. You may call our office for a free consultation, and check out our past blog posts for more information:

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