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Estate and Business Planning
 

California Probate

Probate is the process the court uses to supervise the transfer of assets from a person who has died to the new lawful owners. But first, the court must ensure that all of the decedent's debts and taxes are paid. Probate can be relatively fast and inexpensive in a few cases:

  • where the decedent's assets are under $100,000, there is no real property in the estate, and there is no claim by Medi-Cal
  • where a surviving spouse inherits all assets and there are no child beneficiaries

In most other cases, probate is a lengthy process. Fees in probate include:

  • Attorneys Fees
  • Filing Fees
  • And other costs such as a bond premium

On average, probates take 16 months. However, uncomplicated probates with few debts, adult beneficiaries and no fighting can conclude in as little as 6 months, depending upon the court calendar. Complicated probates can last for years.

 
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Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.