Everything You Need to Know When Hiring Donnie Coats as Your San Diego Probate Attorney
How Much Does It Cost to Hire You as My San Diego Probate Lawyer?
California Probate fees are set by the legislature and are referred to as "statutory fees." The fees are based on the cumulative value of the assets, which is subject to the probate process.
Under California laws, probate fees, or fees you pay to a probate attorney, are based on the estate's total value. As such, attorney fees are as follows:
- 4 percent on the first $100,000
- 3 percent on the next $100,000
- 2 percent on the next $800,000
- 1 percent on the next $9,000,000
- 0.5 percent on the next $15,000,000
For all amounts above $25 million, the probate court will determine a reasonable compensation amount will be determined by the court. However, when calculating estate value for probate fees purposes in San Diego, California, only eligible assets are considered and not debts of the estate.
You should also understand that in addition to statutory probate fees, there are other associated probate costs, such as probate referee fees and court administration fees which can add up quickly. Although, these costs and fees will come out of the deceased's estate and not the estate executor's pocket.
Do You Offer Free Probate Consultations in San Diego?
Yes, we offer no-obligation probate consultations to all potential clients. Simply call our office to schedule yours. A consultation is an excellent way to learn more about our probate services and how we will approach your probate case. During this time, we will answer any questions you might have and provide you with an estimate of the fees you can expect to pay.
What Should I Expect after Hiring You as My San Diego Probate Attorney?
You should expect that we will be dedicated to resolving your case as quickly and efficiently as the law allows. We will also communicate with you along the way and promptly respond to your questions and concerns. Our attorneys will use their knowledge and expertise to help you through this often confusing and overwhelming process.
After you hire our firm to represent you in your probate case, the first step is to gather as much information about the assets as possible. We will assist you in gathering information and documents, such as a will, deed, titles, and bank statements, as well as determine who is the executor or personal representative.
Unfortunately, California courts are notoriously slow to process probate cases. Even still, our paralegals and attorneys will do their best to make the process as fast and easy as possible.
What Are the Benefits of Hiring You as My Probate Lawyer in San Diego?
Nearly everyone can benefit from an attorney when executing a probate case. Navigating California probate court on your own can be quite challenging and time-consuming. The benefits of hiring our firm include the following:
- Experience: Our attorneys and staff have years of experience to apply to our client's cases. We are familiar with local California probate laws, courts, and judges. We have assisted in resolving all types of cases, including those with complicated matters.
- Knowledge: Unlike most laypeople, we know what a probate case takes. Lacking the essential knowledge to go through Probate can be detrimental. For example, you could be held liable if you don't follow probate laws, which may come with legal and financial ramifications. When you rely on our knowledge, you don't have to worry about your own liability.
- Communication: We know that the probate process comes with many questions, and the nature of many can make it hard to wait for an answer. We promise to promptly return phone calls, emails, or other forms of communication. Your peace of mind and satisfaction are a priority for us.
- Networks: If you need a financial advisor, real estate agent, or someone to purchase a property from the estate, we have contacts within our network.
In short, we will work with you to make the probate process as productive, simple, and expedited as possible.
How Long Does the Probate Process Take in California?
Unfortunately, California probate courts are slow and backed up. As such, it's not unusual for a probate case to last between one and two years to complete. Keep in mind that the more complex a probate case is, the more likely it will last longer. For instance, probate cases involving the following may need additional time to resolve:
- A contested will
- Contested claims
- Tax issues
What Are the Next Steps to Set Up My Probate Consultation and Hire You?
If you have a pending probate case, securing legal representation as soon as possible is in your best interest. We make this easy for you—simply give us a call, and we'll schedule you for a free consultation to meet with one of our knowledgeable probate lawyers at your convenience.
At your consultation, you will learn more about how we can assist you during the probate process, and we will learn more about the specifics of your case. We can also discuss the statutory fees that will apply to your case. If you decide to hire us, we will review an engagement contract together before you sign it.
The Detailed San Diego Probate Questions I Get Asked the Most
How Can You Help Get My Parent’s House in San Diego Out of Probate?
Our skilled legal professionals can work with you to see if it is possible to avoid Probate through an exception to the rules. We will do everything we can to find the cheapest and quickest solution for you.
In some cases, this might be having you named as a personal representative to your parent's estate so that you can sell the house and divide the proceeds between their named beneficiaries or give the entire hours to a designated beneficiary.
My Parents Had a Will. Why Do I Need to Go to Probate?
Unfortunately, even if your parents executed a will before their deaths, their estate must still go to probate court. Just because someone died with a will in place doesn't mean their estate avoids probate court entirely. The probate judge must still validate the will and deal with any parties who might contest it. Additionally, assets transferred under a will are subject to the probate court, and a judge is still needed to approve a legal title change.
While everyone should have a will, it doesn't mean skipping Probate. Instead, it typically means less time and expense during the probate process.
My Parents Had a Trust. Why Do I Need to Go to Probate?
Assets owned by a properly drafted trust will be exempt from Probate. However, be aware that any assets which were never transferred to the trust will still be subject to Probate. Assets worth an aggregate of $150,000 will also be subject to Probate.
So, if your parents put all of their assets in a valid trust, or their assets had an aggregate value of less than $150,000, all of their assets will be exempt from Probate.
Sadly, many people draft a will and set up a trust but fail to transfer important assets into the trust. Hence, those assets aren't exempt from the probate process.
Why Do I Need a San Diego Probate Attorney in the First Place?
In California, probate attorneys must be state-licensed attorneys. They work with the executors and the beneficiaries of an estate to settle the affairs of a deceased individual so that the heirs can receive their inheritance.
California Courts are sticklers with probate court formalities, and an experienced attorney is necessary to get through the process in an efficient manner.
A probate lawyer in San Diego can assist with many duties throughout the probate process. They can help identify and secure probate assets and help obtain appraisals of the deceased person's property. They can also ensure that any required documents are filed correctly in a timely manner with the correct probate court.
Hiring a knowledgeable attorney is the best course of action if you are perplexed, overwhelmed, or worried about Probate. They can handle the stress and complicated issues of Probate.
What Assets Have to Go Through Probate in San Diego, California?
Under California laws, assets worth an aggregate of $150,000 are subject to Probate. Generally, any real property, large accounts, or other assets are all subject to Probate. However, in California, motor vehicles are exempt from Probate, and the DMV has a special form that must be completed. We can complete this form on your behalf.
Probate assets include any personal or real estate property that the deceased individual owned in their name before they died. Nearly any type of asset can be a probate asset, including a home, vacation residence, boat, art, furniture, or household goods.
Intangible assets are often probate assets as well, including stocks, checking or savings accounts, interest in a business, and other similar items. Intellectual property rights, such as a copyright, trademark, or patent, can also be considered probate assets.
I Am Named the Executor, and I Live Out of State. Can I Be Appointed in California?
Yes, the executor can be an out-of-state individual. California doesn't require executors to live within the state. We can help executors living out of state, making the probate process easier.
