Affordable Sacramento Probate Attorney
The last thing you want to deal with after the loss of a loved one is California’s complicated process for probate administration. After all, that process will require you to file a petition in probate court, obtain orders, notify creditors, marshal assets, pay debts, file tax returns, distribute property, and file a final account. Moreover, errors at any stage can result in costly delays and personal legal liability. Fortunately, experienced legal representation is available to help you transfer estate protperty after death through probate. Better yet, our probate attorney offers a free consultation and charges a low retainer fee to help you begin probate administration and make progress toward distributing assets to beneficiaries.
Low Retainer Fee
Unlike most California probate attorneys, I don’t require a large retainer fee for probate administration. Instead, my firm collects a low retainer fee to advance costs and expenses required for California probate administration (court filing fees, publication, probate referee) and we wait until the end of the 12-18 month process to be compensated from the estate. That allows our clients to start the probate process and move towards a final distribution of assets.
Free Consultation
As a Sacramento probate attorney, I understand that clients need knowledgeable and experienced guidance in probate administration. Accordingly, Northern California residents can count on my firm to provide effective and affordable representation throughout the probate process, including my services as a tax attorney to address the estate’s unresolved tax liabilities. To learn more about your loved one’s probate and how I can help, call my office at (916) 299-9913 for a free consultation.
Jin Kim – Probate Attorney
Why Do I Need A Probate Attorney?
Probate administration is a deceptively complex area of California law that holds considerable liability for anyone administering an estate. Errors can lead to costly trust litigation that not only exposes the administrator to liability, but can also deplete the value of an estate leaving little for beneficiaries. To help avoid liability and efficiently navigate administration or litigation in Sacramento probate court, many personal representatives choose to engage a probate attorney rather than rely upon self-help Sacramento probate resources. Fortunately, our probate attorneys are mainly compensated at the end of probate administration, making our attorneys accessible and affordable.
How Much Does A Probate Attorney Cost?
Fortunately, California probate attorney fees are not entirely paid upfront, so cost isn’t usually a barrier when retaining a probate attorney. As to the cost at the close of representation, most probate attorneys charge what is known in California as “statutory attorney” fees which are designed to prevent attorneys from overcharging emotionally vulnerable clients. The fee is established in Probate Code Section 10810 and is represented as a percentage of the gross value of the estate:
- 4% of the first one hundred thousand dollars ($100,000), plus
- 3% of the next one hundred thousand dollars ($100,000), plus
- 2% of the next eight hundred thousand dollars ($800,000), plus
- 1% of the next nine million dollars ($9,000,000), plus
- .5% of the next fifteen million dollars ($15,000,000)
When computing the gross value of the estate debts such as mortgages and other forms of secured and unsecured debts are not included. For example, if a decedent’s estate only consists of a $300,000 house with a $100,000 mortgage, the statutory fee would be based on the $300,000 figure.
Can Probate Attorneys Charge Less?
Yes, but very few probate attorneys charge less given the duration of representation, potential for disputes among beneficiaries, and procedural complexity. Some executors have the misconception that probate is a simple process, and those individuals are welcome to consult the California Judge’s Benchguide for Probate Administration for further guidance. (But note, local rules may have more specific requirements). With that said, most probate lawyers give the impression that statutory fees are the only rate that can be charged, but that’s not true. The statutory fee establishes the maximum rate a probate attorney can charge, but nearly every competent probate attorney will charge the statutory fee; no less and no more.
Why Does The Statutory Fee Exist?
Executors are often distressed following their loved one’s death and vulnerable to probate attorneys who overcharge for their services. To prevent such a situation from occurring the California State Legislature established a statutory fee that sets a maximum rate probate attorneys can charge for “ordinary” services.
Why Should You Hire A Probate Attorney?
- You don’t pay the attorney. Attorney fees are primarily paid from the estate as an administrative expense. The personal representative (executor, administrator) does not personally pay probate attorney fees.
- Avoid liability. Probate attorneys help the personal representative avoid mismanagement of the estate and thereby avoid personal liability and damages.
- Close the estate faster. Probate attorneys efficiently administer the estate. Non-attorneys may find court appearances, filings, and court procedures time-consuming and difficult to understand.
Is The Personal Representative Compensated?
Yes. The personal representative (Executor if there is a will or the Administrator if no will exists) may be compensated in an amount equivalent to the statutory fee in Probate Code Section 10810.
Why Do Some Personal Representatives Waive Their Fee?
It’s up to the personal representative to decide whether to waive or collect their statutory fee. Some personal representatives are the sole beneficiary and would prefer to waive their statutory fee to receive more non-taxable income. Other personal representatives initially elect to waive their fee to enlarge the estate for beneficiaries, but later reconsider in light of the considerable work expended in probate.
Free Consultation
If you have been named as the Executor in a will, or if your loved one passed away without a will, call our probate attorney at (916) 299-9913 for a free consultation.