What are the time constraints for probating a will in California and how much does it costs?

California probate law is a highly specialized area of practice that generally means the probate attorney is familiar with both litigation law and estate planning law. It is highly advisable that you hire a probate attorney to assist you in the probating of a will. California law requires that the personal representative or executor of an estate complete probate within one year of appointment. The one exception is if the personal representative files a federal estate tax; he or she then has an additional six months to finish probating the estate. This tie includes a four month period during which the estate is open to claims from creditors both known and unknown.

        The cost of probate (in this instance the fee paid to the personal representative or attorney handling the probating of the will) is set by statute and is as follows:

• 4% of the first one hundred thousand dollars ($100,000), plus
• 3% of the next one hundred thousand dollars ($100,000), plus
• 2% of the next eight hundred thousand dollars ($800,000), plus
• 1% of the next nine million dollars ($9,000,000), plus
• ½ of 1% of the next fifteen million dollars ($15,000,000).

In addition to the fee paid to the personal representative there are court filing fees which vary by county but generally amount to hundreds of dollars, the cost of hiring an appraiser if necessary, and publication and miscellaneous court costs. If the probate is complicated by a lawsuit or tax issues, the fees can go much higher and the estate is responsible for the cost of litigation.

        Due to the litigious nature of estate law, a good attorney is crucial to protecting your assets and the intent of the deceased. Please see the link below for a free case evaluation and a link to probate attorneys.