Q. How long does the probate process take?
A. In Los Angeles County, an ordinary, uncontested probate typically takes from 12 to 16 months.  (A contested probate can stretch out for years.)  Our office has a track record of closing most probates in under 12 months.

Q. How expensive is probate?
A. Relatively expensive.  For example, a $500,000 estate will cost $13,000 in legal fees, $13,000 in personal representative compensation, about $3,000 in court costs, bond premiums, publication fees, etc.

Q. How are probate fees determined?
A. Probate fees are set by law and are based on the gross value of the estate.
• 4% of the first $100,000 of the gross value of the probate estate
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
The schedule applies to attorney and executor fees separately. In other words, the cost to the estate will be doubled if the executor takes her fee.

Q. How is probate “gross value” determined?
A. An estate’s gross value is the fair market value on the date of death of all property owned by the decedent without subtracting any liens against the property. For example, the gross value of a $700,000 home with a $600,000 mortgage is $700,000. Statutory fees are calculated on $700,000, not $100,000. It becomes obvious that probate fees can consume a large part of an estate.

Q. Can probate be avoided?
A. Yes, easily.

Q. How can probate be avoided?
A.
          (1) Probate can be avoided through planning, such as by the use of a revocable, living trust.
          (2) Beneficiary designations on accounts.
          (3) Spousal property petitions.
          (4) Joint tenancy of an asset.

Q.  Does joint tenancy property avoid probate?
A.  Yes, it does.

Q.  What is a spousal property petition?
A.  This is an expedited procedure for property passing from the deceased to the surviving spouse.  This is a resource often overlooked by even experienced attorneys.  We have been successful in transferring homes and millions of dollars of assets to surviving spouses without the need to file a full-blown probate proceeding.  This petition can save the surviving spouse many months of waiting and thousands of dollars in costs.

Q.  Who is given notice of probate proceeding?
A.  Fifteen days before the hearing, the probate petition must be serviced on known heirs, devisees, nonpetitioning executors, alternative executors, and, if a charitable gift, on the Attorney General.  Notice to creditors must be published in a newspaper of general circulation (Govt C §6000) in city where decedent had property or resided at death. During administration, notices must be given to the taxing authorities and to Medi-Cal.

Our office is located by Los Angeles International Airport (LAX). We serve Southern California, including Culver City, Del Rey, El Segundo, Inglewood, Manhattan Beach, Mar Vista, Marina del Rey, Playa del Rey, Playa Vista, Santa Monica, Venice, and Westchester.

Our services are first-rate. 
Our fees are fair.