Probate and Trust Administration
We guide our clients through the administration of estates after a loved one has died. Whether we’re administering a clean and clear trust, an estate without a will or trust, or something in between, having a lawyer familiar with the legal requirements of trusts and probate court to guide you through the process will save you lots of time, money, and stress. Scroll on below to learn more about how we can help, or book an appointment today.
Probate Services
When a resident of California dies without a fully-funded trust, any property they owned will likely need to be transferred to their heirs under the supervision of the probate court. Dealing with the death of a loved one is hard enough without the complexity of court proceedings. Probate in California is notoriously time consuming, generally requiring a year or even two (if all goes well) before the process is complete and the property can be distributed. Having a lawyer familiar with the court help you through the process can save you lots of time, money, and energy. I can help you complete legally required steps, get the necessary paperwork filed on time, and minimize hassle; you don't have to deal with the court alone.
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We handle non-contentious probate matters only. If you anticipate any hostility during the probate administration, you are likely best served by an attorney who focuses on more contentious matters, either via litigation or mediation.
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We handle probate proceedings in San Mateo and Santa Clara Counties. If the deceased person lived in another county, it is generally easiest to work with an attorney who is familiar with the court in that county, as each court is unique and has its own local rules and procedures, and having an attorney familiar with them can save you a lot of time.
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The fees paid to the lawyer and the executor in any probate matter in California are set by the California Probate Code, and are based on a percentage of the fair market value of the “probatable assets.” The calculation is as follows, under Probate Code 10810:
4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9 million
0.5% of the next $15 million
For all amounts above $25 million total assets, a reasonable amount is to be determined by the court.
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Additional fees may be charged under Probate Code 10810 for extraordinary services. Common situations which may lead to additional fees for ‘extraordinary services’ include selling real property during the probate, evicting tenants, and other circumstances which necessitate additional time spent by the attorney beyond the “ordinary services” provided during a probate.
“Marisa helped me at a very difficult time after my husband died, sorting through an outdated trust and helping me put together a new one. She was helpful, compassionate, and extremely knowledgeable, and kept me from having to endure probate! I cannot thank her enough, and she checks in yearly to make sure I am up to date on everything!”
- Judith M.
Trust Administration Services
After the death of a person who has created a trust, administration of the trust is necessary. While thorough, properly funded, properly executed trusts avoid court involvement and a lot of other headaches, there are still steps which must be completed to transfer the assets, meet legal, fiduciary, and tax requirements, and wind up the affairs of the deceased person.
Trusts simplify this process, resulting in lower costs, less work, and less time than probate court. However, these steps are still essential Trustees have a fiduciary duty to provide certain notices to specific people and entities, administer the trust in a timely manner, and handle the trust assets according to strict rules. Trustees are also required to provide an accounting to beneficiaries, as well as other information. If any real estate is part of the trust estate, it is critical to be aware of the impact of income, property, and estate taxes, and fully and accurately complete the required documentation to avoid unnecessary and expensive increases in taxes or penalties.
We help trustees navigate these important legal duties, minimize liability risks, and distribute the trust property legally and efficiently. Administering a trust can be overwhelming, but it doesn’t have to be. We can walk you through each step, let you know what needs to be done, prepare the necessary forms, and provide you with the information you need to make informed decisions and honor the wishes of the person who trusted you with this important role.
We handle non-contentious trust administrations, and our focus is on keeping things amicable. During times of grief and change, communication and clarity can be more important than ever. If you anticipate hostility amongst family or others involved during the process, you are likely best served by an attorney who focuses on more contentious matters, either via litigation or mediation.
Our fees for advising a trustee through a trust administration start at $5,000, and vary with the complexity of each matter.