When a loved one dies, their property becomes a matter of law, something surviving family members aren’t always prepared to address. If a homeowner dies intestate, meaning there was no will or estate plan in place before their passing, matters become even more complicated. Even if a will exists, a probate case is usually necessary. If your loved one was a homeowner, you may be asking, How much does it cost to probate a house in California?
The answer to this question depends on these factors:
Court-supervised probate is required in California when the gross value of the decedent’s estate exceeds the statutory limit of $208,850. If the gross value falls under this amount, the estate may be eligible for a small estate affidavit, instead, which simplifies the process and bypasses the need for a full probate case.
Approximately 55.3% of people living in California own a home. Due to the high value of real estate in Los Angeles, if a homeowner dies without creating an estate plan, a probate case will likely be necessary.
Only two courthouses handle probate cases in Los Angeles: the Michael D. Antonovich Antelope Valley Courthouse and the Stanley Mosk Courthouse in Downtown Los Angeles. Families living in Los Angeles County must file their cases and attend hearings at one of these locations.
California probate laws and procedures can be difficult to understand, creating confusion and complicating the grieving process. At Cox Law Group, Inc., our qualified probate attorneys can advise you on the process for your loved one’s estate and create a probate case that addresses your family’s needs.
According to California Probate Code 10810, attorney compensation for a probate case follows a fixed percentage scale calculated on the gross estate value. This includes the gross value of real estate, bank accounts, and any personal property titled solely in the decedent’s name. Assets excluded from the gross estate calculation include living trusts and any assets with a named beneficiary, like life insurance policies and retirement accounts.
Apart from the statutory percentage-based fee, there are other costs associated with probate cases. A mandatory filing fee is required to start a probate case, and a Notice of Petition must be published in a local newspaper, which helps inform creditors and potential heirs that the estate is under review by the probate courts. Probate is a matter of public record, and anyone can access information about your probate case.
Another necessary fee goes to the court-appointed probate referee, who appraises all non-cash assets. This fee has a statutory minimum of $75 and a maximum of $10,000.
While it is possible to start a probate case in California without hiring an attorney, it is not advisable. Probate laws are complex, and the probate process can strain your finances and time. Probate lawyers can help make the process less confusing and ensure an estate is settled as efficiently as possible, minimizing your expenses.
If you are faced with the death of a loved one, a knowledgeable attorney can smooth the path forward for your family in several ways. If there is no will in place, attorneys can assist with intestate succession, helping to ensure the estate is distributed fairly. Probate lawyers also provide trust administration, help appoint administrators for trusts and probate cases, and oversee small estate affidavits when appropriate.
While probate may feel intimidating, an experienced law firm has the resources to address all of your concerns about starting a probate case. Involving a trusted, ethical lawyer can save you time, money, and worry and help you avoid costly mistakes that could jeopardize your family’s inheritance.
The average cost of probate in California is 4-7% of the gross value of the estate, unless the estate is eligible for a small estate affidavit, which reduces the cost. When you hire a probate lawyer, legal fees are withheld from the final distribution, and the remainder is divided equally among heirs after outstanding claims by creditors against the estate are settled.
While it is possible to petition the courts for a probate case without hiring a lawyer, it is not advisable. Probate can be a lengthy, costly process, fraught with complications that may create conflict between surviving family members. Hiring a skilled attorney familiar with California probate law is a valuable investment to help ensure your loved one’s wishes are carried out.
A petition for probate must be filed by a named executor within 30 days of the discovery of a will. From there, the probate case can take anywhere from 8 to 18 months to complete the process through the courts, although hiring an experienced attorney can expedite the process considerably. If there is no named executor, or the decedent died intestate, any interested party, heir, or creditor can open a probate case, making time of the essence.
Probate is required for any estate in California that exceeds $208,850 in gross value. Gross value is determined by calculating all assets subject to probate, including real estate, bank accounts, and personal property titled only in the decedent’s name. Assets excluded from probate include accounts with named beneficiaries, such as retirement accounts (401(k) and IRA accounts), living trusts, and assets with joint tenancy or TOD/POD designation.
Probate can feel overwhelming. We understand the importance of your family legacy. Our legal team is here to answer all your questions about the probate process in California. Contact us today to schedule a consultation with one of our skilled and compassionate attorneys. You don’t have to face probate alone.
Fields Marked With An ”*” Are Required
