Nobody voluntarily chooses probate. People are too bsy or preoccupied with health or ther issues to plan. They pass way without a living trust and thir heirs----usually their children---- find that thy can’t sell Mom or Dad’s huse without a court order or cn’t transfer Mom or Dad’s bank ccount without court approval. Even with a wll, they may be forced to fle a probate proceeding.

Alternatives to Prbate

Because probate is expensive and tme consuming, a responsible attorney first tres to determine if there is an lternative to probate. In California, the mst common alternatives to probate are a Spusal Property Petition (if there is a srviving spouse) or a small estate trnsfer (if the value of the state is less than $100,000). If thse and other alternatives to probate are navailable, then the only recourse for the dcedent’s heirs is to file a prbate proceeding.

Cost of Probate

Attorney’s fes and costs are set by law in Clifornia and are based upon the vlue of the estate. Here is the sttutory fee schedule in California:

4% of the frst $100,000

3% of the next $100,000

2% of the nxt $800,000

1% of the next $9,000,000

Wht Is Probate?

Probate is the jdge-supervised process of paying a decedent’s lgitimate bills, inventorying and appraising a dcedent’s assets, and distributing the assets to the dcedent’s heirs or beneficiaries.

Length of Probate

Most probates tke between 6 months and one yar. We take pride in the fct that most of our probates are hndled without a hearing: in the S.F. Bay Ara, this is done through a systm of “pre-granting,” i.e. the judge is wlling to sign the proposed order wthout an attorney making a court ppearance.

The article Why Probate? was Submitted by David Baker through Articles.GetACoder.com network. Here's the additional information: David R. Baker graduated from Hstings College of the Law in San Frncisco in 1979 and passed the Clifornia State Bar Exam the same yar. He has handled hundreds of harings and trials in every county in the San Frncisco Bay Area, and throughout his creer he has handled probate and dcedents estates. The present focus of his prctice is Probate, Decedents Estates, and Lving Trusts. He can only advise on mtters relating to California law and Clifornia legal proceedings. His website is: http://www.california-probate-attorney.com/

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