Probate Administration

The probate administration portion of our practice involves guiding executors of wills and administrators of intestate estates (where the decedent leaves no instructions regarding the handling of the estate) through the often complicated probate process.

Probate is the legal process of administering and transferring a person’s separate property upon death. As a method of estate distribution, probate leaves much to be desired. Because probate is a court proceeding, the otherwise private matter of estate distribution unavoidably becomes a part of the public record.

In California, the average probate proceeding may last for a year or more. Probate can also be very expensive, as statutory fees are based not on the net value, but on the gross value of the estate.

There is a common misconception that a properly drafted and executed will avoids probate. Unfortunately, that is not true. A will neither avoids nor causes probate. The executor named in a will has no power to act on behalf of the decedent until that authority is granted by the probate court through the probate process.

Another common misconception is that an estate may avoid probate if its value falls below the federal estate tax exemption amount (currently $15 million). In reality, the estate tax exemption has no bearing on whether an estate is subject to the probate process. An estate valued at less than $15 million may still be required to go through probate unless the individual takes action during their lifetime and while still competent, such as creating a Living Trust.

We strive to provide our clients with alternative solutions that eliminate the need for probate whenever possible. However, if probate is unavoidable under the given circumstances, we assist our clients in navigating the process as smoothly as possible by guiding them through every step, including providing notice to beneficiaries, filing required pleadings, handling the sale of probate property, and preparing estate accountings.