EAST BAY PROBATE ATTORNEYS

Oakland Probate Lawyers & Certified Specialists in California Probate Law

The Oakland probate attorneys at the Law Offices of Patrick Z. Riley have a wealth of experience in probate administration matters, and have handled estates of all sizes and complexities, ranging from simple estates to large estates comprised of business interests, multiple real estate interests and assets located in more than one state.

What is probate, and are wills subject to probate?

Probate refers to the process where a court oversees the administration of a deceased person's estate.  The purpose of probate administration is to ensure that any final bills and expenses of the decedent are paid, including any taxes owed, and any claims by creditors settled.  Remaining assets are distributed to the beneficiaries named in the decedent's will, or if the decedent died without a will, or "intestate," the decedent's estate will be distributed to the decedent's heirs as defined under California's laws governing intestate succession. It is a common misconception that if a person has a will, probate is not required.  This is simply not the case, and this belief may be based upon confusion between the differences between a will and a trust.  For a discussion of the advantages of a Revocable Living Trust, please see the Living Trust and Trust Administration page.

What does it cost to probate an estate?

Probate costs generally fall into the following three categories including Court Costs, Personal Representative's fee and your Attorney's fee.  The fees paid to the personal representative and the attorney are set by law and computed upon the gross value of the estate.  To find out more about the cost of probating an estate, please visit our Probate Cost page.

How long does it take to probate an estate?

The amount of time required to probate an estate in the State of California can vary significantly depending on a number of factors, including but not limited to:

• The nature and complexity of the estate;
• The court's schedule;
• The amount of time required for the probate referee to complete the appraisal;
• The sale of any real property;
• The number of creditors filing claims against the estate;
• The personal representative's available time to handle the probate;
• The requirement of any estate tax returns; and
• The existence of any dispute involving the estate.

For a simple estate, it generally takes from nine months to a year to obtain a signed order for distribution from the court.  Many clients ask if this can be expedited, but it generally takes about six to eight weeks from the filing of the petition for a personal representative to be appointed.  After the personal representative is appointed, they are required to give notice to all known creditors.  Four months must elapse to give those creditors time to file a claim against the estate.  After this four month period, the petition for distribution must be filed with the court, and it generally takes six to eight weeks for the court to approve the petition and sign the order for distribution. 

What is the process involved?

The Superior Court of the County of Santa Clara has a useful diagram on their website that outlines the steps required in the probate process.  To view the diagram, click here. 

Where can I get further information regarding California probate?

The Law Offices of Patrick Z. Riley has developed a website dedicated to answering many commonly asked questions about probate in the State of California.  To view the website, visit www.probatequestions.org. 

Seek Representation from an Experienced California Probate Lawyer

Serving as the personal representative of a decedent's estate involves many fiduciary duties and responsibilities.  It is important to seek the guidance and representation of an experienced California probate attorney who specializes in probate administration and estate planning matters.  Hiring a general practitioner with limited experience in probate matters can results in mistakes that significantly delay the probate process and cost the estate money.  The Law Offices of Patrick Z. Riley offers complimentary initial consultations on probate matters.  Call us at (510)291-4594 or Contact us online to schedule a consultation.