What to Expect from a Probate Lawyer: A Guide

Deaths often embody the range of challenges associated with legal processes. While losing a loved one is emotionally grueling enough, the legal issues that tend to follow it, like sorting out inheritance can add to an already difficult time.



Before you get to sorting the inheritance issue, you’ll have to go through the probate process (petitioning a court to designate you the representative of an estate). While the process is fairly straightforward, it can take a bit of time, and complications can arise, which is why it’s recommended you seek an experienced probate lawyer’s service.

We’ve prepared this piece with a primer on what to expect from a probate lawyer.

Cost

While attorneys in most states collect a flat fee or charge by the hour for probate work, this isn’t the case in California. California’s one of the few states that allow lawyers to charge a “statutory fee”—a certain percentage of the value of the assets that undergo the probate process. These percentages are set out in statutes.



These are the current rates:

· 4 percent of the first $100,000 of the probate estate’s gross value

· 3 percent of the subsequent $100,000

· 2 percent of the subsequent $800,000

· 1 percent of the subsequent $9 million

· 0.5 percent of the subsequent $15 million

· A reasonable amount that’s determined by the court for amounts above than $25 million

Full vs. Limited Representation

Full representation refers to when an attorney takes on all the responsibilities of the probate case and charges a flat amount or hourly payment. If you opt for this, you’ll have to clarify what the responsibilities of the case are. The responsibilities typically only involve dealing with the court; documenting the assets, notifying institutions, etc., are still your responsibility.

If you opt for limited representation, the responsibility of dealing with the court falls on you, and the lawyer provides their services in specific situations. For instance, they could help you with court hearings, while you handle the paperwork by yourself. Limited representation costs less than full representation but involves more work.

If you’re in need of an experienced probate lawyer or a wills and trusts attorney in Chico, CA, get in touch with the team at the Law Offices of Ron Marquez. They will provide you with the legal advice you need regarding the probate estate.

 

 

 

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