Probate FAQs

From their office in Oakland, California, the attorneys at the Campbell Law Offices answer questions frequently encountered in their Bay Area estate planning practice.  If you have other questions or need assistance with probate or trust administration in Alameda County and the surrounding communities, contact the Campbell Law Offices to meet with one of our qualified and experienced lawyers.

Q.  How much does it cost to probate an estate?
A.  The California Probate Code establishes a statutory fee for both the attorney and the personal representative (executor).  The fees vary depending upon the size of the estate and range from $4,000 for an estate valued at $100,000 to $188,000 for a $25,000,000 estate. For larger estates, the court determines a reasonable amount.  If there are other matters above and beyond the ordinary work required, such as a will contest or sale of a business or real property, the attorney or representative may request extraordinary compensation as well.

These fees are paid out of the estate before the estate is distributed to the heirs or beneficiaries according to the terms of the will, or if there is no will, the laws governing intestate succession.  In addition to the statutory fees, court costs and any taxes or debts owed by the estate are also paid out of the estate before the estate is distributed. 

Q.  How long does the probate process take?
A.  There are several things which must occur in order to probate an estate, including locating heirs, notifying potential creditors, and conducting an inventory of assets, and many of these activities can be time-consuming.  By law, creditors have a four-month period within which to bring claims against the estate.  So, at a minimum expect the probate process to take several months, but it is not unusual for probate to last a year or more if the estate is especially complicated or the heirs are hard to locate.  If there are problems with creditors or taxing authorities, or if there is a contest to the will, then the process can take considerably longer to complete.

Q.  How does one avoid probate?
A.  By minimizing the probate assets in the estate, you minimize the time and expense of probate and may be able to avoid it altogether.  Generally speaking, decedent estates valued at more than $100,000 must be probated, as well as estates that include real property valued at more than $30,000.  You avoid probate by taking assets out of the probate process, such as by putting the assets into a trust, into jointly-titled property, or if the estate consists of insurance policies, retirement accounts, and other assets which have valid beneficiary designations.  For further information, see the page on Avoiding Probate.