Probate

Our Probate Services Include:

• Guidance Through the Probate Process: Probate can be overwhelming, but Devey Law is here to simplify it. We provide step-by-step guidance, ensuring you understand each requirement, deadline, and responsibility involved.

• Will Validation: We assist in verifying the validity of the will and filing it with the court, a necessary step for beginning the probate process.

• Court Filings and Legal Documentation: Probate involves significant paperwork and court filings. We take care of all required documents, ensuring they are accurate and timely.

• Distribution of Assets: Once the estate has fulfilled all obligations, we oversee the distribution of remaining assets to beneficiaries, ensuring this final step aligns with the wishes outlined in the will or, in the absence of a will, according to California law.

• Support for Executors and Administrators: If you’ve been named as an executor or administrator, we provide tailored guidance to help you fulfill your responsibilities effectively and confidently.

Probate can be challenging, but with Devey Law, you’ll have support at every stage. Our commitment is to make the process as efficient and stress-free as possible for you and your loved ones.

In California, probate fees for both personal representatives (executors or administrators) and their attorneys are determined by a statutory fee schedule outlined in the California Probate Code. These fees are calculated based on the gross value of the estate, without considering debts or encumbrances. The fee structure is as follows:

• 4% of the first $100,000 of the estate's value

• 3% of the next $100,000

• 2% of the next $800,000

• 1% of the next $9 million

• 0.5% of the next $15 million

• For amounts above $25 million, a reasonable fee is determined by the court

For example, for an estate valued at $1,500,000, the statutory fees would be calculated as follows:

• 4% of the first $100,000 = $4,000

• 3% of the next $100,000 = $3,000

• 2% of the next $800,000 = $16,000

• 1% of the remaining $500,000 = $5,000

Total statutory fee: $4,000 + $3,000 + $16,000 + $5,000 = $28,000

This fee applies separately to both the personal representative (unless the personal representative waives the fee) and their attorney, meaning each would receive $28,000, totaling $56,000 in fees for the estate. It's important to note that these fees cover "ordinary" services. If "extraordinary" services are required—such as handling complex tax issues, litigation, or the sale of real property—additional compensation may be awarded by the court. These additional fees are determined based on the complexity and extent of the services provided. Understanding this fee structure is crucial for estate planning and administration, as probate costs can significantly impact the estate's value and the beneficiaries' inheritances.