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Probate Law Overview
Probate is a court proceeding which has one major, yet simple, purpose—namely, to clear title to property passing from the decedent to those persons named in the decedent's will or entitled to take under the laws of intestacy. Probate ends with a decree of distribution which will serve as the recipient's evidence of title to the property inherited. This title will normally be free of creditors' claims. Due to the numerous duties involved in the administration of estates, the law provides for an individual to be designated as executor, administrator, or personal representative of the deceased. The decedent's assets are collected, debts and expenses are paid, and the net assets are then distributed to the heirs or legatees.
Generally, the process takes between one and one and a half (1- 1½) years. Attorney’s fees are prescribed by statute under the California
Probate Code section 10810:
(a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows:
- Four percent (4%) on the first one hundred thousand dollars
($100,000).
- Three percent (3%) on the next one hundred thousand
dollars ($100,000).
- Two percent (2%) on the next eight hundred
thousand dollars ($800,000).
- One percent (1%) on the next
nine million dollars ($9,000,000).
- One-half of 1 percent (0.5%)
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. (b) For the purposes of
this section, the value of the estate accounted for by the personal
representative is the total amount of the appraisal of property
in the inventory, plus gains over the appraisal value on sales,
plus receipts, less losses from the appraisal value on sales,
without reference to encumbrances or other obligations on estate
property.
In
addition to Probate Gaston & Gaston APLC also handles Wills and
Trusts, just call 619-398-1882 for immediate assistance or fill
out the Contact form at right.
Gaston & Gaston's Service Area- Our service area includes Aliso Viejo,
Anaheim,
Costa Mesa,
Dana Point,
Fountain Valley, Hollywood,
Huntington Beach,
Irvine,
Laguna Beach,
Laguna Hills,
Laguna Niguel,
Laguna Woods,
Lake Forest,
Los Alamitos,
Mission Viejo,
Newport Beach,
Orange,
Rancho Santa Margarita,
San Clemente,
San Juan Capistrano,
Seal Beach,
Tustin,
Villa Park,
Riverside,
Moreno Valley,
Temecula,
Oceanside,
San Diego,
Del Mar,
Los Angeles,
Long Beach,
Glendale,
Santa Clarita,
Torrance,
Pasadena,
West Covina,
Norwalk,
Burbank,
Beverly Hills,
Cerritos,
Claremont,
Culver City,
Hermosa Beach,
Huntington Park,
Malibu,
Manhattan Beach,
Monterey Park,
Palos Verdes Estates,
Rancho Palos Verdes,
Redondo Beach,
Rolling Hills,
Rolling Hills Estates,
San Marino,
Santa Fe Springs,
Santa Monica,
Sierra Madre,
South Pasadena,
West Hollywood
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