Do you want a $699 revocable living trust (with a lawyer consult) or probate?
Free 1-hr zoom webinar with Bobby Taylor, email
motherhealth@gmail.com and invite a family and a friend
408-854-1883 Connie Dello Buono
The zoom seminar will explain the benefits of The Family Association of Financial Services, what to expect, what happens in a probate and how you can avoid it with the revocable living trust.
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The cost of probate in California is influenced by the size and complexity of the estate, as well as statutory fee schedules outlined in California Probate Code §§10800 and 10810.
Statutory Fees:
4% on the first $100,000 of the estate's gross value.
3% on the next $100,000.
2% on the next $800,000.
1% on the next $9 million.
0.5% on the next $15 million.
For amounts above $25 million, the court determines fees.
Court filing fees (approximately $435 as of 2024).
Appraisal fees for estate assets.
Publication fees and bond fees (typically adding $2,000–$3,000 for a mid-sized estate).
Extraordinary Fees:
These are awarded for tasks outside standard probate administration, such as resolving legal disputes or managing complex assets
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Probate in California often involves legal, financial, and procedural challenges. Common issues include:
Disputes over will validity due to claims of undue influence, lack of capacity, or fraud.
Solutions: Regularly updating wills and consulting probate attorneys to ensure clarity and compliance.
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Executors may struggle to identify and inventory all assets, especially if records are incomplete.
Solutions: Maintaining organized financial records and using professional appraisers.
Disagreements over inheritance distribution or ambiguous will wording.
Solutions: Transparent communication with beneficiaries and mediation to resolve disputes.
Allegations of mismanagement or self-dealing can disrupt probate.
Solutions: Executors should keep detailed records and act transparently; beneficiaries can seek legal recourse if misconduct occurs.
Estates may lack liquidity to cover debts, taxes, or administrative costs3.
Solutions: Selling assets or securing short-term loans; proper estate planning can mitigate this issue.
Causes include court backlogs, procedural errors, disputes among beneficiaries, or complex tax issues.
Solutions: Proactive management by executors and timely submission of documents can reduce delays.
Complications in selling or distributing real property due to title issues or disputes among heirs.
Solutions: Professional appraisals and mediation can help resolve conflicts.
Avoiding Probate Challenges
Many issues can be preempted through thorough estate planning:
Establishing living trusts to bypass probate.
Ensuring wills are properly executed and regularly updated.
Keeping financial records organized and accessible.
Consulting experienced probate attorneys is critical for navigating challenges efficiently and minimizing costs and delays