San Diego Probate Lawyer
For anyone considering an estate plan, understanding the complications of probate is crucial. Unfortunately, some people mourning their loved ones must try to navigate the pitfalls and complications of the probate process.
The death of a loved one can be all-consuming. Add in the responsibilities you face with the death of someone close to you, and it can become quickly overwhelming.
There are specific rules to San Diego probate. It is important to hire an attorney who has the experience to probate an estate correctly and with as little stress as possible to the family members. Sweeney Probate Law has over forty (40) years of experience in estate planning, trust administrations, probates, and, when necessary, the very tedious process of probate litigations (typically when a beneficiary disputes something in the will or the entire will itself). Sweeney Probate Law has the experience to see you through.
What Does a Probate Attorney Do For You?
Seeking a consultation with a probate attorney with Sweeney Probate Law will ensure a smooth process. Probates need to be filed for the deceased in the state and county where they resided. If they were living out of state but have assets in California, probate becomes a bit more complicated. In those cases, the experienced probate attorneys with Sweeney Probate Law will walk you through the entire process to ensure that the property in California is passed on to the beneficiaries that align with the wishes of the decedent.
Can You Do Probate Without Attorneys in California?
Probates may be necessary when there is a will and sometimes when there is no will for the deceased. San Diego probate lawyers will sit down with you to explain the entire probate process. One of the main functions of the probate is to determine who the executor or administrator is for the estate.
Wills and the Probate Process
If there is a will, a person is named as the executor. If there is no will, an administrator is appointed.
The executor or administrator has several ethical obligations, including:
- The executor or administrator is a “fiduciary,” meaning the executor or administrator must act in the best interest of the estate.
- The executor may not take advantage of the estate for personal profit.
- The funds of the estate must be kept in separate, well-marked bank accounts.
- Furthermore, as part of the probate, you must do regular accountings to the court to list, document, and collect the decedent’s assets.
That is just the beginning as far as what the executor or administrator is responsible for, which is why a probate attorney is so crucial. Executors or administrators are charged with the following responsibilities:
- Prepare an inventory of all the estate’s assets. In California, there are specific rules on how to determine the fair market value of the assets.
- Give notice to the creditors so that they can file claims against the estate.
- Prepare an inventory of all the outstanding debts. This involves the tedious process of going through files, bills, statements, mail, etc. Depending on the person, this could be a long process.
- After determining what the debts are, the executor or administrator in a San Diego probate must pay all of the debts that can be paid. Furthermore, assets may need to be sold to cover the debts.
- File tax returns on behalf of the estate.
- Prepare and file a Final Accounting and Petition for Final Distribution, including notice to all parties (which is dictated by the probate laws of California).
- Appear at a final hearing.
- Apply for final discharge.
The list is truly daunting, especially for loved ones who are grieving. Allow the San Diego Probate lawyer of Sweeney Probate Law to assist you in every single item listed. From start to finish, our team provides the assistance necessary to deliver personalized representation in every probate, including:
- Preparing all necessary documents for court to be filed in the San Diego probate court
- Preparing the final account
- Preparing the petition for distribution to close the estate
- Attending all hearings (clients do not appear at hearings)
How Much Do Probate Lawyers Usually Charge?
Fees can vary depending on the complexity of each case. I will ensure that you get an honest assessment of the probate and individualized pricing. However, in typical cases, there is an approximately $500 charge for the San Diego probate lawyers to file a probate petition. Another fee (again approximately $500) is typically due when the petition for final distribution is filed.
In addition, the estate will be responsible for paying fees for the following:
- Probate publication of the notice
- California probate referees (who are tasked with evaluating the value of the estate’s assets)
- Certification of copies of court documents
What Percentage Does a Probate Lawyer Get?
The legislators in California have set the maximum statutory fees that San Diego probate lawyers can charge for probates. In more complex cases, courts may allow a higher fee. The approved standard fees are as follows:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- If the value of the estate exceeds $25 million, the San Diego probate court can calculate a reasonable amount.
Even though the legislature sets the fees, the San Diego probate lawyer can choose to bill differently. The probate lawyer may charge a flat fee, or they may bill at an hourly rate. When looking for a probate lawyer, make sure you ask questions about the billing structure, so you know how much money it costs the estate.
Why Sweeney Probate Law?
With over forty (40) years of experience in probate law and trust administration and with an office in San Diego, Sweeney Probate Law will provide you with an honest assessment of the probate. Choose the San Diego probate lawyer with the experience to see you through. Contact us today for any questions you might have.
To schedule a consultation in San Bernardino, call me toll free at 800-575-9610 or locally at 760-989-4820. I enjoy meeting in person whenever possible, but am also available via Skype and email.
San Diego Probate Lawyer
For anyone considering an estate plan, understanding the complications of probate is crucial. Unfortunately, some people mourning their loved ones must try to navigate the pitfalls and complications of the probate process.
The death of a loved one can be all-consuming. Add in the responsibilities you face with the death of someone close to you, and it can become quickly overwhelming.
There are specific rules to San Diego probate. It is important to hire an attorney who has the experience to probate an estate correctly and with as little stress as possible to the family members. Sweeney Probate Law has over forty (40) years of experience in estate planning, trust administrations, probates, and, when necessary, the very tedious process of probate litigations (typically when a beneficiary disputes something in the will or the entire will itself). Sweeney Probate Law has the experience to see you through.
What Does a Probate Attorney Do For You?
Seeking a consultation with a probate attorney with Sweeney Probate Law will ensure a smooth process. Probates need to be filed for the deceased in the state and county where they resided. If they were living out of state but have assets in California, probate becomes a bit more complicated. In those cases, the experienced probate attorneys with Sweeney Probate Law will walk you through the entire process to ensure that the property in California is passed on to the beneficiaries that align with the wishes of the decedent.
Can You Do Probate Without a Lawyer in California?
Probates may be necessary when there is a will and sometimes when there is no will for the deceased. San Diego probate lawyers will sit down with you to explain the entire probate process. One of the main functions of the probate is to determine who the executor or administrator is for the estate.
Wills and the Probate Process
If there is a will, a person is named as the executor. If there is no will, an administrator is appointed.
The executor or administrator has several ethical obligations, including:
- The executor or administrator is a “fiduciary,” meaning the executor or administrator must act in the best interest of the estate.
- The executor may not take advantage of the estate for personal profit.
- The funds of the estate must be kept in separate, well-marked bank accounts.
- Furthermore, as part of the probate, you must do regular accountings to the court to list, document, and collect the decedent’s assets.
That is just the beginning as far as what the executor or administrator is responsible for, which is why a probate attorney is so crucial. Executors or administrators are charged with the following responsibilities:
- Prepare an inventory of all the estate’s assets. In California, there are specific rules on how to determine the fair market value of the assets.
- Give notice to the creditors so that they can file claims against the estate.
- Prepare an inventory of all the outstanding debts. This involves the tedious process of going through files, bills, statements, mail, etc. Depending on the person, this could be a long process.
- After determining what the debts are, the executor or administrator in a San Diego probate must pay all of the debts that can be paid. Furthermore, assets may need to be sold to cover the debts.
- File tax returns on behalf of the estate.
- Prepare and file a Final Accounting and Petition for Final Distribution, including notice to all parties (which is dictated by the probate laws of California).
- Appear at a final hearing.
- Apply for final discharge.
The list is truly daunting, especially for loved ones who are grieving. Allow the San Diego Probate lawyer of Sweeney Probate Law to assist you in every single item listed. From start to finish, our team provides the assistance necessary to deliver personalized representation in every probate, including:
- Preparing all necessary documents for court to be filed in the San Diego probate court
- Preparing the final account
- Preparing the petition for distribution to close the estate
- Attending all hearings (clients do not appear at hearings)
How Much Do Probate Lawyers Usually Charge?
Fees can vary depending on the complexity of each case. I will ensure that you get an honest assessment of the probate and individualized pricing. However, in typical cases, there is an approximately $500 charge for the San Diego probate lawyers to file a probate petition. Another fee (again approximately $500) is typically due when the petition for final distribution is filed.
In addition, the estate will be responsible for paying fees for the following:
- Probate publication of the notice
- California probate referees (who are tasked with evaluating the value of the estate’s assets)
- Certification of copies of court documents
What Percentage Does a Probate Lawyer Get?
The legislators in California have set the maximum statutory fees that San Diego probate lawyers can charge for probates. In more complex cases, courts may allow a higher fee. The approved standard fees are as follows:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- If the value of the estate exceeds $25 million, the San Diego probate court can calculate a reasonable amount.
Even though the legislature sets the fees, the San Diego probate lawyer can choose to bill differently. The probate lawyer may charge a flat fee, or they may bill at an hourly rate. When looking for a probate lawyer, make sure you ask questions about the billing structure, so you know how much money it costs the estate.
Why Sweeney Probate Law?
With over forty (40) years of experience in probate law and trust administration and with an office in San Diego, Sweeney Probate Law will provide you with an honest assessment of the probate. Choose the San Diego probate lawyer with the experience to see you through. Contact us today for any questions you might have.
To schedule a consultation in San Bernardino, call me toll free at 800-575-9610 or locally at 760-989-4820. I enjoy meeting in person whenever possible, but am also available via Skype and email.