Palo Alto Probate Attorneys

What Is Probate?

Probate is the legal process through which a deceased person's estate is administered and distributed. This process ensures that the decedent's debts are paid and the remaining assets are distributed to the rightful heirs or beneficiaries. 

In California, probate typically involves validating the will (if one exists), inventorying the decedent’s assets, appraising the assets, paying debts and taxes, and distributing the remaining property as directed by the will or state law.

Common Reasons for Probate

Several factors can trigger the need for probate. Understanding these reasons can help families prepare for the probate process.

• Lack of a Valid Will: If the decedent did not leave a valid will, probate becomes necessary to determine the distribution of the estate. California’s intestacy laws will govern how assets are distributed, typically favoring close relatives such as spouses, children, or parents. This can sometimes lead to disputes if multiple parties believe they have a claim to the estate.
• Real Estate Ownership: Real estate often requires probate, particularly if it is solely owned by the decedent or jointly owned without a right of survivorship. Whether it’s a family home, investment property, or commercial real estate, probate is necessary to transfer ownership legally. This process can be complex and may take time, especially if there are questions about the property’s value or outstanding mortgages.
• Complex or Large Estates: Estates that involve substantial financial assets, business interests, or significant investments may require probate for proper administration. These types of estates often involve multiple legal and tax issues that need to be addressed before assets can be distributed. Probate helps ensure that creditors are paid and that any tax obligations, such as estate taxes, are met.
• Disputed Wills: If there are disputes among beneficiaries or claims that the decedent was under undue influence when creating their will, probate is required to resolve these matters. A probate court may need to determine whether the will is valid and enforceable or if another document should take precedence. Legal representation during such disputes is crucial to protect the interests of the parties involved.
• No Trust in Place: Trusts are commonly used as an estate planning tool to avoid probate. However, if the decedent did not establish a trust or failed to transfer assets into the trust, probate may be required. While a trust can streamline asset distribution and keep details of the estate private, probate will be necessary if assets are not properly titled in the trust’s name.

What a Probate Lawyer Can Do for You

The legal team at Gilfix & La Poll Associates LLP can guide you through the complexities of this process. Our probate attorneys in Palo Alto offer valuable support and guidance, which can ensure that your loved one’s estate is administered correctly and efficiently. 

Some of the key probate services we provide include: 

• Assessing the estate: We evaluate the complexity and size of the estate to determine a plan on which steps to take during this process.
• Filing the petition: We file the initial petition to open probate with the appropriate court.
• Notifying interested parties: We ensure that all heirs, beneficiaries, and creditors are properly notified, which includes publishing notices in local newspapers.
• Inventory and appraisal: Our lawyers help inventory the decedent’s assets and obtain necessary appraisals to determine the estate’s value.
• Managing debts and taxes: We assist in identifying and paying off the decedent's debts and filing any required tax returns.
• Distributing assets: We guide the executor or administrator in distributing the remaining assets to the rightful heirs or beneficiaries according to the will or state law.
• Legal representation: We represent the estate in court, handling any disputes or challenges that may arise during the probate process. 

With our legal support on your side, you can feel more confident about the road ahead. We know that thinking about estate administration and probate is difficult right now, but we can provide the services you need to make it all easier.  

How Much Does Probate Cost in California? 

Generally, probate in California costs a percentage of the estate’s gross value. The California Probate Code establishes a schedule that defines how much a personal representative of the estate and/or their attorney can charge for their services. 

This is what probate in California typically costs: 

• Four percent on the first $100,000 
• Three percent on the next $100,000 
• Two percent on the next $800,000 
• One percent on the next $9 million 
• One-half percent for the next $15 million 
• A reasonable amount determined by the court for all amounts above $25 million 

Other probate costs to consider include the $200 filing fee, $50 fee to deliver the will to the court, and a fee to conduct a search for estate documents at $15 per search attempt longer than 10 minutes.

Don’t settle for a less experienced lawyer just because you think it’ll cost less. Probate fees are determined by California law, which means you can focus more on hiring the right attorneys for the job. Gilfix & La Poll Associates LLP has handled thousands of probates of various types throughout the years, working closely with each out of clients through this challenging process.