Losing a loved one is never simple, particularly when their assets are divided according to their will. Depending on the specifics of your loved one’s estate plan, the probate procedure can be required to expedite the distribution of assets. Every state has certain rules governing the probate procedure, and California is no exception. There can be a great deal of uncertainty surrounding the probate process, especially if you have no experience with it. To ensure that probate goes smoothly, it is best to understand the precise phases of the procedure, especially the financial requirements.

What Does Probate Mean?

The legal process of distributing assets following a will is referred to as “probate.” Once the will is accepted as valid, the designated executor starts distributing the assets to the people named in the instrument. Following the instructions provided by the individual who has passed away, anything from heirlooms and personal belongings to real estate might be divided during this process. Depending on how much money is in the estate overall, the probate procedure might not even be required. The executor of your will and the individuals named in it are not required to go through the probate procedure in California if the value of your estate is less than $184,500.00. However, the probate process is necessary for estates worth more than this amount.

How Do Executors Get Compensated During the Probate Process?

Division 7, Chapter 1, Article 1, of the California Probate Code specifically discusses the amount of remuneration. Based on the executor’s usual duties, they would receive 4% of the first $100,000, 3% of the next $100,000, 2% of the following $800,000, and 1% of the following $9,000,000. They would receive 0.5 percent of the next $15 million in proceeds, and anything over that would be subject to the court’s determination of what is reasonable. The sum is calculated using the appraised value of the estate’s entire inventory.

How Much Does the Probate Process Cost?

The maximum costs that attorneys and personal representatives may bill for probate are outlined in California Probate Code 10810. In unique situations and for more challenging cases, a judge may mandate higher fees. The following percentages apply to the statutory probate fees:

• 4% for the first $100,000 of the estate
• 3% for the second $100,000
• 2% for the next $800,000
• 1% for the next $9,000,000
• 5% for the next $15,000,000

In cases where it applies, the court will decide the charge for an estate that is worth more than $25,000,000. The value of the assets up for probate administration is the only factor used to determine the probate fees. Generally speaking, the gross value of real estate, business interests, investments, bank accounts, and personal property are all considered to be property subject to probate administration. In general, assets placed in a living trust (or with beneficiary designations), retirement savings, and life insurance are not subject to probate administration.

What Happens to Smaller Estates?

There must always be a process in place to transfer real estate to the heirs when the deceased owns it, regardless of the estate price. Fortunately, if all the assets are worth less than $184,500, there is a summary procedure. Any heir of the deceased may use this probate process, including the surviving spouse, children, grandchildren, parents, etc. If all the deceased’s assets are valued at less than $184,500, Probate Code 13150, et seq., permits the distribution of rental properties and personal items to the heirs through the filing of a Petition to Determine Succession to Real Property. For this process, only one court hearing is necessary.

FAQs

Q: What Is the Limit to Avoid Probate in California?

A: If the decedent’s estate was $184,500 or less, probate administration is not required. If the estate is worth $184,500 or less and you have the legal right to inherit personal property, such as cash in a bank account or stocks, you might not need to appear in court. You can put the property in your name using a streamlined procedure.

Q: How Much Money Should an Estate Be Worth Before Probate Is Required in California?

A: According to California law, probate is not required if the entire worth of the assets that must be probated at the time of death is less than $166,250.00. The transfer of these assets is done through a streamlined process. The $184,500 number excludes certain assets, for example, automobiles.

Q: Does an Estate Have to Go Through Probate in California?

A: California typically requires probate. There are, however, two distinct sorts of estate probate. If the estate is worth less than $184,500, the procedures needed to settle the estate are simpler. If assets are connected to a beneficiary or living owner, probate may not be required. For instance, the named beneficiary of a life insurance policy would be transferred automatically. The surviving partner would receive the couple’s property.

Q: Is Probate Required for a Small Estate in California?

A: The state of California does not require probate for estates of decedents whose value is less than $184,500. An oath or statement, made under penalty of perjury at least 40 days after the decedent’s death, may be used to obtain assets for the beneficiaries or heirs of the estate. If California Probate Code Sections 13100 to 13116—the small estates law—are employed, no paperwork must be submitted to the Superior Court.

Seeking Legal Help for the Probate Process

The probate process in California is complex by nature. It can be stressful for individuals who do not have a thorough understanding of it, especially regarding the financial side of the process. To ensure a smooth distribution of assets after the probate procedure, as well as a proper valuation of the estate, hiring a lawyer to assist with estate preparation is essential. Our experts at Sweeney Probate Law are knowledgeable about California estate law and have years of estate planning experience, and they can help you and your family understand the procedure. Visit our website and get in touch with us for additional details about our services.