Taking Control Of A Probate Proceeding
Last updated on April 14, 2025
Your loved one has passed away, and you need clear answers during this difficult time. With the Law Office of Thomas E. Rossmeissl by your side, you’ll have a compassionate guide to handle the paperwork, meet critical deadlines and protect your family’s interests. You’ll have the space to grieve while we manage the legal matters.
What Is Probate?
Probate is the court-supervised process of gathering a deceased person’s assets, paying their debts and distributing what remains to their heirs. Think of it as the legal way to transfer ownership of property from someone who has died to the people who should receive it. Not all assets go through probate – only those solely owned by the deceased person without designated beneficiaries.
What Common Terms Will I Hear During Probate?
You’ll often hear these basic terms during the probate process:
- Executor/personal representative: The person named in the will to handle the estate
- Intestate: When someone dies without a will
- Beneficiary: A person who receives assets from the estate
- Decedent: The person who has passed away
- Letters testamentary: Court document giving the executor authority to act
Knowing these terms will make your conversations with legal professionals much clearer.
What Does Probate Cost In California?
Probate can be more expensive than many people expect. Here are the typical costs you’ll encounter:
- Court filing fees (currently $435 to open probate)
- Publication fees for legal notices in newspapers
- Appraisal fees for professional property valuation
- Personal representative fees (set by California law as a percentage of estate value)
- Attorney fees (also set by law as a percentage of estate value)
The executor must pay many of these expenses upfront. They’ll be reimbursed by the estate later. For a $500,000 estate, statutory attorney and personal representative fees could total around $26,000 combined, not including the additional costs of administration, which often exceed $1,000.
What Are The Steps Of A Probate Case?
The probate process follows a specific sequence of events that typically takes 9-18 months to complete in California:
- Filing the petition: The process begins by filing paperwork with the probate court to start the case and validate the will
- Notifying heirs and creditors: The executor must inform all potential heirs and known creditors about the probate case, and publish a notice in a local newspaper
- Appointing the executor: The court officially appoints the executor named in the will (or an administrator if there’s no will)
- Taking inventory: The executor creates a detailed list of all assets and gets them professionally appraised
- Paying debts and taxes: Outstanding bills, funeral expenses and taxes must be paid from the estate funds
- Resolving disputes: Any challenges to the will or disagreements about asset distribution are addressed
- Distributing assets: After debts are paid, the remaining assets are distributed to beneficiaries according to the will or state law
- Closing the estate: Final accounting is submitted to the court, and the estate is formally closed
Having an experienced probate attorney guide you through these steps can help avoid costly mistakes and unnecessary delays.
How Can Probate Be Avoided?
Many people choose to avoid probate by planning ahead:
- Creating a revocable living trust
- Setting up joint ownership of property
- Designating beneficiaries on accounts (retirement, life insurance)
- Using “transfer on death” deeds for real estate
However, probate can sometimes be helpful when disputes need court oversight.
How Are Assets Distributed In Probate?
If there’s a will, assets go to the people named in it. Without a will, California law determines who gets what:
- Spouse typically receives community property
- Children, parents or siblings may receive shares of separate property
- More distant relatives inherit if there are no close family members
Beneficiaries can challenge the distribution if they believe the will is invalid or was created under pressure.
Receive Personal Attention From A Los Gatos Lawyer
You need time to grieve, and asking for help can give you that opportunity. To discuss your case one-on-one, call 408-883-3197 or request an appointment through the online contact form.