123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Why Probate?

Profile Picture
By Author: David R. Baker
Total Articles: 1
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Why Probate? Nobody voluntarily chooses probate. People are too busy or preoccupied with health or other issues to plan. They pass away without a living trust and their heirs----usually their children---- find that they can't sell Mom or Dad's house without a court order or can't transfer Mom or Dad's bank account without court approval. Even with a will, they may be forced to file a probate proceeding. Alternatives to Probate Because probate is expensive and time consuming, a responsible attorney first tries to determine if there is an alternative to probate. In California, the most common alternatives to probate are a Spousal Property Petition (if there is a surviving spouse) or a small estate transfer (if the value of the estate is less than $100,000). If these and other alternatives to probate are unavailable, then the only recourse for the decedent's heirs is to file a probate proceeding. Cost of Probate Attorney's fees and costs are set by law in California and are based upon the value of the estate. Here is the statutory fee schedule in California: 4% of the first $100,000 3% of the next $100,000 About The ...
... Author

David R. Baker graduated from Hastings College of the Law in San Francisco in 1979 and passed the California State Bar Exam the same year. He has handled hundreds of hearings and trials in every county in the San Francisco Bay Area, and throughout his career he has handled probate and decedents estates. The present focus of his practice is Probate, Decedents Estates, and Living Trusts. He can only advise on matters relating to California law and California legal proceedings. His website is: http://www.california-probate-attorney.com/

Total Views: 895Word Count: 274See All articles From Author

Add Comment

Legal Articles

1. Filing Bankruptcy Reno: A Professional Guide To Navigating The Process
Author: Recovery Law Group

2. The Role Of Bankruptcy Attorneys In Preventing Foreclosure: Your Guide To Saving Your Home
Author: Recovery Law Group

3. Investment Law Firms In China And The Rise Of Skilled Maritime Lawyers
Author: Shanghai Ganus Law Firm

4. When You Need A Rhode Island Criminal Lawyer: What To Know Before You Hire One
Author: Law Office of John R. Grasso

5. Best Cyber Crime Lawyer In Noida For Technical Crime Solutions
Author: Right to Law

6. About Legal Translation
Author: iTransling Legal Translation Services

7. Unlocking Business Opportunities In The Emirates: A Legal Perspective
Author: Aliya Khan

8. Chapter 13 Bankruptcy Austin, Tx: A Path To Financial Relief
Author: Recovery Law Group

9. Key Factors To Evaluate Before Hiring A Property Lawyer In Dubai
Author: Dr. Hassan Elhais

10. Link Building For Lawyers: A Proven Strategy To Boost Your Law Firm’s Online Visibility
Author: Attorney Ranking

11. Chapter 7 Bankruptcy In California: Relief And Legal Help
Author: Recovery Law Group

12. Bicycle Accident Attorney In Chamblee Essential Guidance
Author: Bicycle Accident Attorney in Chamblee

13. Navigating Legal Disputes: A Comprehensive Guide To Litigation Services In Kazakhstan
Author: Haider

14. Best Personal Injury Lawyer In Chamblee
Author: Best Personal Injury Lawyer in Chamblee

15. Wrongful Death Case Financing: When Families Are The most In Need Of Financial Help
Author: Amelia Thompson

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: