Probate2024-10-29T09:23:55-07:00

Probate PATHWAY

Probate is a journey and Lawvex is your guide on the Probate Pathway to get you safely and quickly to your destination.

How Different is the Lawvex Probate Pathway from other law firms & DIY solutions?

Very, very different. We want your experience to be fast, efficient, and compassionate.

At Lawvex, we are trust and estate attorneys and we do a LOT of probate. In 2024, we are maintaining a caseload of over 100 probates and growing. We do so much probate that we have our own proprietary process for it that we call the “Probate Pathway”.

“Probate Pathway” is Lawvex’ unique process for probate cases.

With our Probate Pathway, we take care of as much as possible so you don’t have to. When we need your help, you will have clarity about exactly what you need to do, when you need to do it and how to take care of the next step. We also bring our relationships with best-in-class vendors for things like probate bonding, estate bank accounts, real estate professionals, probate loans, and heir search firms so that you don’t have to go looking for experts in probate – we already have them, and we have streamlined processes set up in advance with each of them so that your probate moves faster – and ultimately, you get your inheritance faster.

Here is an example of just a few highlights of how our Probate Pathway is unique:

  • Expert Probate Attorneys: We do a LOT of probate. In 2023, we had over 100 probates open around California. Meet our Probate Attorneys.
  • Dedicated Probate Support Team: Property Coordinator; Probate Paralegal; Probate Legal Assistant. Meet our Probate Support Team.
  • Case Status Mobile App: 24/7 access to your Probate Roadmap; Communications with your Probate Support Team; and copies of all Probate Court filings
  • Expedited Timelines: We break Probate into pre-defined “Stages” with clear and defined tasks and time targets to completion of each Stage. See What can you expect from Lawvex, below, for what we do in each Stage and What Lawvex expects from you for what you do in each Stage.
  • Expert Vendors: We only work with other Probate experts that we have personally vetted, worked with in the past and pre-selected for your safety and convenience.
    1. Community West Bank – all of our Probate Estate bank accounts are held by Community West Bank. Our streamlined process allows us to open the Probate Estate account in advance for you. All you have to do is visit one of their convenient branch locations in the Central Valley or Central Coast and sign the signature card once the Probate Estate is open.
    2. GRE real estate – all of our Probate Estate real property that is not distributed outright is listed for sale with Gentile Real Estate (GRE), a licensed and insured California real estate brokerage and Certified Probate & Trust Specialist with hundreds of Probate Estate listings and sales. GRE provides you with a Property Plan with all the detail you need to make your decision to: list, sell for cash, or hold your Probate Estate property.
    3. First Probate Loans – all of our Probate Estate lending needs are handled by First Probate Loans, specialists in short-term loans to trusts and estates, with over 10,000 transactions to trusts and estates and more than 25 years of probate loan management experience. First Probate Loans provides you with any necessary cash to pay Probate Estate expenses, secured by the Probate Estate real estate.
    4. Bond Services of California – all of our Probate Estate bonding needs are handled by Bond Services of California. If the Will does not waive Bond, you will have to be insured by a surety Bond unless all beneficiaries waive in writing. Bond Services has over 45 years of experience in the Probate Bond industry and makes bonding fast and easy in the most difficult situations.
    5. Atlantis Investigations – all of our Probate Estate people search and asset search needs are provided by Atlantis Investigations, licensed and insured private investigators. Locating heirs and assets is often a challenge but for the past 13 years, Lawvex has worked with Atlantis to locate missing family members and assets.

NOTE: Lawvex has no ownership interest in any of these vendors and does not receive any income or referral fees from them.

What can you expect from Lawvex?

Expertise, the full and immediate attention of our Dedicated Support Team, 24/7 access to your case via our Case Status Mobile App. We will do as much of the work as possible without your involvement. We will do as much work as we can, as early as we can, to speed up the Probate Process.

What is probate court?

A Will is a written statement of who should receive your property. “Probate” means to “Prove” that someone’s Will is real and correct. To learn more about a Will and what an Executor does, check out our What is a Will? video HERE. When someone dies, Probate court is where the government (the probate judge) makes sure that your Will is real, your bills and loans are paid off and then the rest of your property goes to the people or charities named in your Will, or if there is no Will, then by inheritance. Probate is a court case and the person named in the Will to carry out your wishes is responsible to the Probate judge and to the people inheriting to do their job correctly (called the “Executor”).

If you are an Executor of a Will, and you are not an expert at Probate, you have a huge responsibility to carry out your loved one’s wishes, pay off their debts, sell their property and then distribute the remaining property to the people inheriting from the Will. If you are not experienced at these things, you need an expert to help represent you and to protect you from personal liability if you make mistakes.

When is probate required?

Do you think that having a Will means you don’t go to probate court? Not true. Whether you have a Will or not, if you have enough property, (as of 2023 with a total value of $184,500 or more) then the government (the Probate judge) will be involved unless you have a Trust. To learn more about a Trust and how it keeps you out of Probate court, check out our What is a Trust? video HERE.

HIRE AN EXPERT PROBATE LAWYER

Lawyers that are estate experts do a lot of Probate and Lawvex attorneys have done hundreds of Probate cases. As of 2023, we have more than 100 Probates open representing Executors all over California.

We will:

Educate you about your rights and duties in Probate;

Protect you from personal liability;

Protect your family from arguments; and

Get your inheritance to you as fast as possible.

Also, everyone at Lawvex knows that this can be a difficult and emotional time for families and individuals. Our attorneys and paralegals are present throughout the process to answer questions, give guidance, and provide peace of mind to our clients.

HOW MUCH DOES PROBATE COST

Because Probate fees are a flat amount and set by law in California, you are only hurting yourself if you use a beginner or an attorney that doesn’t specialize in Probate. In California, Probate Lawyer fees are based on a percentage of the fair market value of the Estate property

4% of the first $100,000; plus

3% of the next $100,000; plus

2% of the next $800,000; plus

1% of the next $9,000,000.

Don’t worry – you do not have to pay our fees until the end. We are paid out of the Estate property at the end of the Probate when the Probate judge approves.

We do ask our Executor clients to provide a deposit with us (called a “retainer”) to cover the expenses (court filing fees, publishing notice in the newspaper, appraisal fees, etc.) but you will be reimbursed for those from the Estate property. But we can only use your deposit for court approved expenses and we have to report all of them to the Probate judge at the end of the Probate case.

Request a free Client Coordinator call to hire Lawvex attorneys as your personal representative for Probate cases today! We can represent you in any California County to settle an estate property quickly.

California Probate FAQs

The probate process in California can take anywhere from 9 months to 18 months or longer, depending on the complexity of the estate, the efficiency of the executor or administrator, and the caseload of the court.

The executor’s duties include gathering the decedent’s assets, paying valid debts and taxes, and distributing the remaining assets to the beneficiaries as specified in the will. They are also responsible for filing necessary court documents and representing the estate in probate proceedings.

A probate lawyer can guide you through the legal process, file the necessary documents with the court, help resolve claims against the estate, ensure that estate taxes are calculated and paid, and distribute assets to beneficiaries according to the terms of the will.

Probate court is a specialized type of court that deals with the property and debts of a person who has died. When someone dies, Probate court is where the government (the probate judge) makes sure that your Will is real, your bills and loans are paid off and then the rest of your property goes to the people or charities named in your Will, or if there is no Will, then by inheritance. Probate is a court case and the person named in the Will to carry out your wishes is responsible to the Probate judge and to the people inheriting to do their job correctly (called the “Executor”).

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