Probate is the legal procedure in probate court to administer the estate of a deceased person, whether the deceased person left a will or died without a will.  The probate process involves notifying heirs, gathering assets, paying bills, and transferring the remaining inheritance to the heirs.  Without probate, the decedent’s property cannot be transferred to the heirs.  We can help you with any of the following probate procedures:

• Small Estate Affidavit (personal property valued less than $150,000)
• Affidavit Regarding Real Property of Small Value (real property valued less than $50,000)
• Petition to Determine Succession to Real Property (real property valued between $50,000 and $150,000)
• Spousal Property Petition (property passing to the surviving spouse)
• Petition for Probate (estate valued over $150,000)

Get Legal Help With Probate: What You Don’t Know, Can Hurt You

Probate is not a do-it-yourself project.  Probate court judges hold self-represented petitioners to the same standard as a probate lawyer, and the court is prohibited from giving you any legal advice.  The probate process is full of pitfalls for the unknowing and mistakes will cost you time and money.  From not properly notifying creditors, to not filing the correct tax forms, to failing to clear probate notes, probate petitioners will need legal representation to properly complete the forms and appear in court.

According to a Judicial Council of California 2004 report on self-represented litigants, probate petitioners were more likely to be self-represented at 22% of probate cases, than for general civil matters at 16% of general civil matters.  The following chart [1] shows the major reasons why petitioners represent themselves:

• 45% said they felt that the matter was relatively simple and they could handle it themselves;
• 31% said they could not afford a lawyer; and
• 22% said they did not want to pay for a lawyer.

Missing deadlines, failing to file the correct paperwork, and not knowing what to do will set you back.  Self-represented petitioners do not know how to complete the paperwork or what to say to the probate judge.  In probate cases, the average hearing for attorney-represented lasted 3.4 minutes.  Whereas the average hearing for self-represented petitioners lasted 17.2 minutes. [2]

Hire A Trusted And Experienced Probate Lawyer

The following chart [3] shows the main reasons that people hired a probate lawyer (note that some respondents listed more than one reason):

• 64% said they wanted an expert to represent their interests;
• 39% said they though their case was complex;
• 19% said they were unfamiliar with the law; and
• 12% said they did not think they were capable of handling their own case.

Many self-represented petitioners become overwhelmed with the probate process and require assistance from a probate attorney.  They find that representing themselves takes longer and costs more than if they hired a probate lawyer.  Our past clients have stated that when they hired us, they instantly felt relieved to have a friendly and knowledgeable probate law firm to take over the probate case.

We make the probate process easier by completing the paperwork, dealing with the Probate Court, and guiding you step-by-step how to fulfill your duties as the administrator or executor of the estate.  By hiring us to represent you in this probate matter we will review and revise the petition and all the documents required to administer the estate, send out the proper notifications and publication, and appear for you in probate court.

Probate Attorney Fees Are Affordable

The estate of the decedent pays for the probate attorney fees and costs out of the money in the estate.  You are not personally liable for the probate attorney fees and costs.  The costs of probate depend on the type of probate proceeding.  Depending on your case, you won’t have to pay any upfront legal fees or you can make payments.

Call Us Now At (909) 475-8800 For  A Free Consultation

Call (909) 475-8800 for a free no-obligation consultation.  We’ll explain the probate process, discuss the status of your case, and give you a fee no-obligation quote.

[1] Reasons for Self-Representation from “Statewide Action Plan for Serving Self-Represented Litigants” (2004) Judicial Council of California.

[2] “Self Represented Litigations and Court and Legal Services Responses to Their Needs, What We Know” by John M. Greacen.

[3] “Statewide Action Plan for Serving Self-Represented Litigants” (2004) Judicial Council of California.