Probate FAQs

Yes, the word probate in Latin means, “to prove the will.”

Yes, if your spouse passed away without a will you can request a Spousal Petition, which is a shorter process than a full probate. For example, let’s say that a married couple buys a house together AFTER they are married. But, the husband is the only one on the grant deed because, perhaps, it would be easier to get the loan approved. After 20 years the husband dies. His spouse can ask the court for a Spousal Petition to transfer title of the property. This process takes 3-4 months.

No, in California probate only applies to property worth more than $166,250. If the property is between $55,425 and $166,250 you can file a Petition to Determine Succession to Real Property. If the property is less than $55,425 (vacant land for example) you can file an Affidavit RE Real Property of Small Value.

Consult with a licensed CPA, but no. If both mom and dad have passed and left the property to their children, then you can use what’s called “Stepped Up In Basis.” This means that the property will be re-assessed at today’s value, but you do not have to pay Capital Gains.

In most cases the court will grant you Full Authority. However, if there are a lot of heirs, an heir petitions the court, the heirs do not get along and do not trust each other, the Personal Representative has a criminal background, or a few other reasons, the court might grant only Limited Authority to protect the estate.

Yes, there court fees that need to paid during the probate process. In all, your court fees will be around $2,500. However, the person who pays the fees will be reimbursed at the close of probate which takes about 9 – 12 months. 

Probate attorney fees are set by California Probate Law and only get paid after the final Court Confirmation:

• 4% on the first one hundred thousand dollars ($100,000)
• 3% on the next one hundred thousand dollars ($100,000)
• 2% on the next eight hundred thousand dollars ($800,000)
• 1% on the next nine million dollars ($9,000,000)
• ½ of 1% on the next fifteen million dollars ($15,000,000)
• For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

For example, let’s say the property is worth $500,000

4% of $100,000 = $4,000

3% of next $100,000 = $3,000

2% of $300,000 = $6,000

Total: $13,000

Yes, whoever pays the court fees will get reimbursed through the estate when it closes. In addition, the Administrator or Executor is entitled to the same fee structure as the attorney:

• 4% on the first one hundred thousand dollars ($100,000).
• 3% on the next one hundred thousand dollars ($100,000).
• 2% on the next eight hundred thousand dollars ($800,000).
• 1% on the next nine million dollars ($9,000,000).
• ½ of 1% on the next fifteen million dollars ($15,000,000).
• For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

For example, let’s say the property is worth $500,000

4% of $100,000 = $4,000

3% of next $100,000 = $3,000

2% of $300,000 = $6,000

Total: $13,000

In all, it will cost about 14% of the value of property to complete the probate process. My goal is to help you get the highest and best price for your property my maximizing the value. That’s why it’s very important to work with a Realtor, like myself, who is a Certified Probate Specialist. Approximate probate costs: 

8.5% – close escrow including escrow fees, Title Insurance, County Transfer Tax and Realtor commissions. 

2.6% – attorney fees

2.6% – Administrator or Executor fees

No, a trust is the best way to avoid probate. The Successor Trustee can sell the property on behalf of the trust. Escrow will require the trust documents and your broker will have you sign a Representative Capacity form, which discloses that you are signing on behalf of the trust.

Yes, but it will definitely drag out your probate. We will have to ask the Probate Referee to re-appraise the property and perhaps your attorney may need to petition the court for a new appraisal. Remember, the Probate Referee does not go inside the house. They only look at Comparable Sales and drive by. If the property is dated or needs repairs it is very important to have me provide photos and a Broker’s Price Opinion BEFORE the Probate Referee provides their appraisal.