The Law Offices of Lin and Wood are dedicated to providing probate services during your difficult times with compassion and the understanding everyone should expect. We know this period of time is difficult, but time marches on and your loved one, relative or friend’s financial affairs need to be dealt with in a timely manner. We are probate attorneys in San Francisco dedicated to providing you the best probate experience. Schedule your free consultation today. Please call 1-877-963-9543.
Brief Timeline
The process can be straight forward if your loved one or friend only owns real property. This is a very simplified description of the process. The petition is filed and around a month or so the hearing on the petition is held. Once a personal representative is appointed there are some decisions to make depending upon the decedent’s circumstances and assets. If there is no will then letters of administration will be issued and if a will then letters of testamentary are issued. If you think probate is a cookie cutter approach the best answer is sort of. The process is generally the same, but everyone has different stuff, different debts, possible taxes and different choices regarding their heirs and who gets what. After that there is a four month period in which anyone owed money can file a claim against the estate. Notice must be sent out to those who are owed money or potentially owed money from the decedent’s estate. Hopefully this process goes smoothly and once the notice period is over and rejection of potential claims are made, potential sale of property is completed and possibly some distributions to heirs another hearing is held and the petition should be approved. After that distributions are made to heirs and the final discharge order is entered.
Probate is designed to make sure all parties involved have an opportunity to be heard and possibly object to their treatment during the probate of the decedent’s will or estate. Many families are executing revocable living trusts to avoid probate, but the vast majority people who pass away have to go through the probate process.
Probate attorney fees are determined by statute. California Probate Code Section 10810(a) provides a graduated percentage scale for compensation for the attorney of the personal representative. An attorney can be compensated based on the value of the estate accounted for as follows: (1) 4% of the first $100,000; (2) 3% of the next $100,000; (3) 2% of the next $800,000; (4) 1% of the next $9,000,000; (5) 0.05% of the next $15,000,000; and (6) for any amount above $25,000,000 a reasonable amount to be determined by the court.
Why Us?
The Law Offices of Lin and Wood have a business philosophy that is as pro-client as a philosophy can get. We are committed to providing the best probate experience given the unfortunate circumstances of the passing of loved one, relative or friend. By returning phone calls timely and answering emails directly we do everything possible to put our clients at ease during the probate process. If you are in need of probate attorneys in San Francisco please give us a call at 1-877-963-9543.
Difference Types of Petitions
- Appointment of guardian
- Determine fact of death to determine title to real property
- Order concerning capacity determination and health care decision authority for adult without conservator
- Compromise of the claim of a minor or disabled adult
- Power of attorney
- Advance health care directive
- Determine succession to real property
- Order setting aside estate of small value if no estate is pending for the decedent
- Order settling an account of a fiduciary
