Probate

Question 1

What is California’s statutory schedule for attorney’s fees in probate?

Answer 1

4% of the first 100,000 of the gross value of the probate estate
3% of the next $100,000
2% of the next $800,000
1% of the next $9 million
½% of the next 15 million
“a reasonable amount” of anything over $25 million
A probate estate with a gross value of $500,000 would generate $13,000 in legal fees. If you were paying by the hour, you could get a lot of hours of the attorney’s work for that much money.

Question 2

What is the maximum property value for using the summary probate procedure under Probate Code Section 13100?

Answer 2

$166,250. The amount should be adjusted for inflation in the future.

Question 3

If a petition to administer the estate is never filed, when are creditors typically cut off from making claims against an estate?

Answer 3

One year after the decedent’s date of death.

Code Civ. Proc. § 366.2.

Question 4

How long is the the claims requirement period?

Answer 4

The claims requirement period generally bars claims if the creditor does not file a claim against the estate within four months after the issuance of letters to a general personal representative.