Oxnard Probate Administration Attorneys
We Provide The Legal Guidance You Need After The Death of A Loved One
Probate, in California, is a legal proceeding needed to administer and
transfer a persons estate after they pass away. The purpose of probate
is to settle all of the decedent’s legal and financial affairs if
they failed to create a proper estate plan during their lifetime. If you
have an estate plan that only consists of a Last Will and Testament, then
your estate will almost certainly be forced into California’s probate
system. In California, probate is conducted in the Superior Court of the
County where the decedent lived or where they owned real property.
If your estate must go through probate, your loved ones will have to wait
until the completion of the probate before they can receive the assets
you leave them. The probate proceeding is a long and expensive court process.
Sometimes embarrassingly, your assets, debts and final wishes become a
matter of public record during the probate proceeding. This means that
anyone can do a little research and find the details of what you owned
and what your final wishes were. Nasty legal battles waged during probate
will also be public.
We take great pride in our decades of experience, helping guide our clients
through all aspects of probate administration. Call (661) 306-2500 today
if you have questions or concerns and want help navigating the probate process.
FAQ: What to Expect During Probate
Question #1: Are assets in a trust subject to probate?
A: Assets held in trusts are generally not subject to probate. By placing
most of your property in a California Living Trust, you can ease the burden
of this complicated process for loved ones who are still grieving after
Question #2: How long does the probate process take?
A: Probate generally takes one to three years to complete. The probate process
can also be very expensive.
Question #3: Does my estate have to go through probate if I have Will?
A: If you only have a Will and no trust in your estate plan, then it virtually
guarantees that a probate will need to be opened in order to transfer
assets to your designated beneficiaries.
Question #4: What does the probate process involve?
A: The person named executor in your Last Will and Testament must petition
the probate court to be formally appointed. If there is no Will, a close
family member is usually appointed administrator of the estate by a probate judge.
Heirs of the decedent, certain relatives, and creditors will be notified
about future probate hearings so they can monitor and contest any aspect
of the probate proceeding they oppose.
In a simple probate, the executor of the estate will marshal the assets,
find and pay creditors, file final tax returns, and manage assets of the
estate that will eventually be distributed to beneficiaries.
Once the executor completes all of their duties, the court can be petitioned
to distribute estate assets to heirs. After legal fees and administrator
are paid, the probate is finalized.
Question #5: How much does probate cost in California?
A: Probate fees are statutorily set by law. If your estate must pass through
probate, the legal fees (not including costs, such as bond, publication,
filing fees, etc.) will be:
- 4% on the first $100,000 of the estate
- 3% on the next $100,000
- 2% on the next $800,000
- 1% on amounts over $1,000,000
These are gross amounts, not net amounts, which means a gross estate with
property, including a family home, bank accounts, etc., equaling $1,000,000
will incur $23,000 in legal fees. If you have a complex estate, the court
often awards even larger fees to both the executor and/or the probate
attorney as an extraordinary fee.
Why Clients Across Oxnard & Ventura County Choose Our Firm
Our legal team has decades of experience and possesses extensive skill
and insight gained from time spent in the courtroom in Ventura County.
We proudly provide traditional in-person services, as well as virtual
conferences via phone, Zoom, and Skype to discuss your matter. Maximizing
convenience and delivering efficient services are two reasons many people
hire our law firm. Our firm also offers services in English, Spanish and
Russian to better facilitate communication with the diverse clients we
To discuss your probate administration options with our legal team, please
give us a call today at (661) 306-2500 or contact us online.