Probate Administration

Probate administration is the process of administering a deceased person’s estate through the court system – probate – after their death. Probate administration can usually be avoided if a person validly executes and properly funds a revocable living trust prior to their death.

What is required to administer an estate through probate?

Initially, a petition must be filed with the court to seek to appoint a personal representative of the estate. The personal representative is sometimes called the “executor” if named as such in the decedent’s will, or the “administrator” if the decedent died without a will. “Personal representative” is a neutral term that applies to either an executor or an administrator.

Once filed, the petition will be assigned a hearing date by the court. The hearing is generally set for several weeks from the date of filing. If the court has no issues with the petition and no one objects to the petition, the petition will likely be approved and the person nominated as personal representative in the petition will be appointed as the personal representative of the estate. To open a probate estate, only a few documents are required and the process does not take very long to initiate. The entire probate administration process, on the other hand, can take quite some time.

How long does the process take?

Probate administration is not a swift process. The length of the process depends on several variables, such as the complexity and size of the estate, the county in which the case is filed, and the efficiency of the administration. A safe estimate is one to two years.

Is there a shortcut for a small estate?

If the sum total of all of the assets in a person’s name is less than $166,250 at the time of a person’s death, their estate may be eligible to pass through more abbreviated mechanisms. If the assets are in bank accounts or personal property, a small estate affidavit or 13100 Affidavit may be executed by all the heirs or beneficiaries of someone’s estate and avoid the probate process. Sometimes, a deceased person will have a fractional interest in real property in California, which will require a Petition to Determine Succession to Real Property to be filed with the court in the county where the decedent resided at the time of his or her death. This is usually a several month process, but much shorter in duration than a full probate administration.

How much does probate administration cost?

Generally, for uncontested probate administration, fees are statutory, meaning that they are calculated from a formula set forth in Probate Code § 10810, which is based on the value of the estate. statutory probate fees under Probate Code §10810 are as follows:

• 4% of the first $100,000 of the estate
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
• 0.5% of the next $15,000,000

If extraordinary services were rendered during the course of the administration, extraordinary fees may be requested by the court. These fees – statutory and/or extraordinary – are requested from the estate at the conclusion of the administration.

Sometimes, we charge hourly fees for probate administration – particularly when the whole estate is not being administered through probate, but a piece of it necessary to finalize administration of a trust. We will always charge hourly fees for litigation.

Ask us about your particular situation and whether statutory fees or hourly rates will be charged.

Probate administration or a small estate option may be appropriate for your family if any of the following apply:

     ○     A parent or loved one has recently passed away without a trust and you need help administering their estate.

     ○     You need to sell a house, but title is still held in the name of a deceased person.

     ○     You are an heir of a parent or loved one who has recently passed away leaving only a bank account with less than $166,250 in it.