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.

Diedre Wachbrit brings nearly ten years of experience to contested and uncontested probate cases.  The process requires appointing an executor or administrator, inventorying and appraising assets, accounting for all probate transactions and expenses, notifying the appropriate government agencies, filing final tax returns, distributing the estate assets and closing the estate.

Contact us for compassionate and efficient administration.

Probate can be 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 Med-Cal
* where a surviving spouse inherits all assets and there are no child beneficiaries

In most other cases, probate can be a lengthy process. Fees in probate are paid out of the decedent's estate and not by the family.  They are based on the size of the estate and include:

* Attorneys Fee
* Filing Fee
* Bond premium.

The attorney's fee is calculated according to the California Probate Code which provides for the following fee:  4% of the first $100,000; 3% of the second $100,000; 2% of the next $800,000; and 1% of the next $9,000,000.

The filing fee is also calculated by the California Codes and varies from $320 for an estate under $250,000 to $3,315 for an estate of $2.5 to $3.5 million.  Larger estates include 0.2% of the estate value over $3.5 million.

The bond premium is usually about 0.25% of the estate per year and may be avoided if bond is waived in a will.

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.

Ventura County Superior Court                 http://courts.countyofventura.org/

Los Angeles County Superior Court        http://www.lasuperiorcourt.org/