Probate and Estate Administration
Probate & Estate Administration
When a loved one passes away, their affairs need to be organized and settled. If an individual dies with or without a will, their estate will be managed depending upon the size of the estate and the types of assets they leave behind. Depending on whether they had a trust, a will, or no plan, different steps are required. In all cases, it’s usually helpful to work with an attorney to ensure that everything is handled correctly and efficiently.
Small Estates & Simplified ProceduresSome estates qualify for summary or expedited proceedings. Many factors go into determining which proceeding is appropriate in each case. The factors include the value of the assets, whether the beneficiaries are all in agreement or if they are at odds, and the type of assets (real property is different than cash or personal property).
When Probate Is RequiredIn California, probate is generally required for estates valued at more than $184,500 (gross value). Through probate, the court:
Probate in California commonly takes seven to eighteen months or longer and is administratively intensive. Attorney and administrator fees are set by state law and are paid from the estate before other distributions. For many families, the workload and timeline can feel daunting—especially while grieving.
My job is to guide you to the most appropriate and timely method of resolving the estate.
Have questions or need to begin the process?
Call 707-263-5759 to schedule a consultation with Mary Heare Amodio. I’m here to help you navigate estate administration with clarity and care.
When a loved one passes away, their affairs need to be organized and settled. If an individual dies with or without a will, their estate will be managed depending upon the size of the estate and the types of assets they leave behind. Depending on whether they had a trust, a will, or no plan, different steps are required. In all cases, it’s usually helpful to work with an attorney to ensure that everything is handled correctly and efficiently.
Small Estates & Simplified ProceduresSome estates qualify for summary or expedited proceedings. Many factors go into determining which proceeding is appropriate in each case. The factors include the value of the assets, whether the beneficiaries are all in agreement or if they are at odds, and the type of assets (real property is different than cash or personal property).
- Very small real property: Real property worth under $50,000 may use an expedited court process that typically does not require a hearing. Forms must be completed accurately and recorded.
- Moderate real property: If the total estate (gross value) is under $184,500 and the real property is valued between $55,000 and $184,500, a different expedited procedure is available and does require a court hearing.
- Affidavits for small estates: Even when attorneys aren’t strictly required, families often want help preparing small-estate affidavits and supporting documents to claim assets from banks and other institutions.
When Probate Is RequiredIn California, probate is generally required for estates valued at more than $184,500 (gross value). Through probate, the court:
- Verifies the validity of any will
- Determines and pays creditors and liabilities
- Authorizes the sale of property when appropriate
- Distributes the remainder to heirs-at-law (no will) or named beneficiaries (with a will)
Probate in California commonly takes seven to eighteen months or longer and is administratively intensive. Attorney and administrator fees are set by state law and are paid from the estate before other distributions. For many families, the workload and timeline can feel daunting—especially while grieving.
My job is to guide you to the most appropriate and timely method of resolving the estate.
Have questions or need to begin the process?
Call 707-263-5759 to schedule a consultation with Mary Heare Amodio. I’m here to help you navigate estate administration with clarity and care.