Probate FAQs

If my spouse left me the house in their will, do I still need to go through the probate process?

Yes, even if a will clearly states that the house goes to you, the will must still go through the probate process. This process involves verifying the authenticity of the will and ensuring that all legal requirements are met.

Are there alternatives to probate for spouses?

Yes, there are alternatives to probate for spouses. One such option is a Spousal Petition. This process is often shorter and less complex than a full probate.

For example, if a married couple purchased a home together but only one spouse is listed on the deed, the surviving spouse can file a Spousal Petition to transfer ownership. This process can typically be completed within 3-4 months.

Note: The specific requirements and procedures for Spousal Petitions may vary depending on the state and the circumstances of the case. It’s essential to consult with an attorney to determine the best course of action for your situation.

If my parents left us property worth less than $184,500, do we need to go through probate?

No, in California, probate is generally not required for estates valued below $184,500.

Here’s a breakdown of the options:

  • Estate Value Below $61,500: You can file an Affidavit Regarding Real Property of Small Value. This is a relatively simple process that allows you to transfer title of the property without going through full probate.
  • Estate Value Between $61,500 and $184,500: You can file a Petition to Determine Succession to Real Property. This process is slightly more involved than the affidavit but still less complex than a full probate.

Important Note: These values are subject to change, so it’s advisable to consult with an attorney or check the current California probate laws for the most accurate information.

Will the court grant us Full Authority or Limited Authority?

While the court typically grants Full Authority to the personal representative, there are circumstances where Limited Authority may be imposed. This can occur if there are numerous heirs, disputes among beneficiaries, concerns about the personal representative’s background, or other specific reasons.

Are there fees involved in the probate process?

Yes, there are court fees associated with probate. These fees typically total around $2,500 and are typically reimbursed to the person who pays them at the conclusion of the probate process, which usually takes 9-12 months.

Are probate attorneys expensive, and should I shop around?

Probate attorney fees are regulated by California Probate Law and are calculated based on the value of the estate. The fees are typically paid after the final court confirmation.

  • 4% on the first one hundred thousand dollars ($100,000).
  • 3% on the next one hundred thousand dollars ($100,000).
  • 2% on the next eight hundred thousand dollars ($800,000).
  • 1% on the next nine million dollars ($9,000,000).
  • ½ of 1% on the next fifteen million dollars ($15,000,000).
  • For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

While you can shop around for attorneys, it’s important to consider their experience and expertise in probate matters. A qualified probate attorney can help streamline the process and minimize costs.

As the Administrator or Executor, do I get paid or reimbursed for my expenses and time?

Yes, the Administrator or Executor is entitled to compensation for their time and expenses. This compensation is calculated using the same fee structure as the attorney.

How much will the total probate process cost?

The total cost of probate can vary depending on the specific circumstances of the estate. However, as a general estimate, it may cost around 14% of the property’s value. This includes fees for the attorney, personal representative, court costs, escrow fees, title insurance, and real estate commissions.

Working with a qualified real estate agent who specializes in probate sales can help you maximize the property’s value and potentially offset some of these costs.

My parents had a Living Trust. Do we need to go through probate?

No, if your parents had a properly executed Living Trust, you should not need to go through probate. The Successor Trustee can sell the property on behalf of the trust. However, it’s important to consult with an attorney to ensure that the trust is valid and that the sale process is being handled correctly.

The Probate Referee overvalued the property. Is there any way to fix this?

Yes, if you believe the Probate Referee’s valuation is inaccurate, you can request a re-appraisal. This process may involve additional costs and delays. It’s advisable to consult with an attorney to discuss the best course of action.

To improve the chances of a fair valuation, it’s important to provide the Probate Referee with any relevant information, such as recent comparable sales, property photos, and a Broker’s Price Opinion.

What Our Clients Say

My family recently worked with Leah to purchase a home. She was very knowledgeable about the local real estate market and the process. Leah was very helpful in dealing with our family’s unique situation. In the past Leah has assisted in getting a property ready to put on the market. Again excellent guidance and can provide referrals to needed contractors. I highly recommend Leah Nelson for your real estate needs.

Lee Ann Mitchell
Rated 5 out of 5 stars

Leah Nelson was my realtor that sold my mother’s property through a family trust through Watson Realty, Bakersfield, Ca. We chose Leah because of her experience selling and buying property transactions involving trust and probate. Leah, through her marketing and promoting strategy, sold the home in just three days for top dollar. We were very happy with Leah leading us through the entire process up to and including after escrow. We would definitely work with Leah in the future with any real estate transaction.

John Frankhouser
Rated 5 out of 5 stars

Leah has always been very professional and amenable to our request during our home search. She guided us through the many steps to home ownership and stayed in contact with us on a regular basis.

Sandra Hare
Rated 5 out of 5 stars

Leah is very easy to work with, has a lot of experience and is very honest and very nice. I would recommend anybody to work with her. She is very professional at her work and her communication is excellent.

K. Bounlem
Rated 5 out of 5 stars

Leah did a great job, setting up times to view homes and was very helpful working with seller’s agent on questions. She was always available throughout closing and would recommend her highly.

Rated 5 out of 5 stars

Leah Nelson was the perfect Realtor. She is certified in probate real estate & we were completely out of our depth with the passing of our mother & how to handle the sale of her home. Leah’s knowledge & expertise made the process as easy as it could have possibly been in a very difficult time. After wisely instructing us as to what we should do to make the house more appealing for quick sale, she secured multiple offers within days of listing the property. We went with a cash offer that had us closing escrow within a short period of time which allowed us to petition the courts for a quicker completion of our probate. Leah was always responsive to calls, emails, & texts in a prompt manner & we never felt as if she was leading us down a path that was not beneficial to us all as a family. I strongly recommend Leah Nelson for any real estate needs & especially if there is a probate issue that needs to be quickly resolved.

Ajones
Rated 5 out of 5 stars

Leah was very helpful and knowledgeable. She took the time to guide me throughout the process and made sure I understood everything. She definitely has the experience and thanks to her I got my house. Thank you Leah!!!

Al Chavez
Rated 5 out of 5 stars

I had to sell probate property in California from the east coast. Leah was knowledgeable, thoughtful and so quick. She explained everything thoroughly, so I felt really comfortable working with her even though I was so far away. Totally recommend her!

Ayami Mitsui
Rated 5 out of 5 stars

Having been a seller and buyer on multiple purchases, I can honestly recommend Leah as one of the best agents I have ever worked with.

Her attention to detail caught several problems before anyone noticed and kept all parties on track to a successful purchase. She has deep knowledge of the area, great relationships with other agents, and experience with construction and inspection. She helped me through the inevitable challenges that come with purchasing a home. I cannot recommend her highly enough!

Alison Bradley
Rated 5 out of 5 stars

Leah was very insightful and helpful in our journey to find our first home.

She knows the area and was very patient with our indecisiveness. She was also very flexible with our crazy schedule. We appreciate having her on our side in this process.

Samantha Rockwell
Rated 5 out of 5 stars

Leah Nelson was the perfect Realtor.

She is certified in probate real estate & we were completely out of our depth with the passing of our mother & how to handle the sale of her home. Leah’s knowledge & expertise made the process as easy as it could have possibly been in a very difficult time. After wisely instructing us as to what we should do to make the house more appealing for quick sale, she secured multiple offers within days of listing the property. We went with a cash offer that had us closing escrow within a short period of time which allowed us to petition the courts for a quicker completion of our probate. Leah was always responsive to calls, emails, & texts in a prompt manner & we never felt as if she was leading us down a path that was not beneficial to us all as a family. I strongly recommend Leah Nelson for any real estate needs & especially if there is a probate issue that needs to be quickly resolved.

Ajones
Rated 5 out of 5 stars
We’re honored to have received numerous positive reviews from clients who have successfully navigated probate real estate with our help
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From My Blog

Your Guide to Selling Real Estate in Probate

Your Guide to Selling Real Estate in Probate

Losing a loved one is a deeply emotional experience. During this difficult time, property sales that become necessary due to probate can add an extra layer of stress.We understand the complexities involved in handling probate property sales in California, and we are...

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