Probate Pathway

Your Goals are our goals too: honor your loved one’s wishes, get your inheritance as quickly as possible, and avoid disputes and personal liability.

What is probate?

When a person dies owning more than $184,500 in assets, the Probate Court oversees the transfer of those assets to their family (if they don’t have a Will) or to their beneficiaries (if they do have a Will).

Do You Need To Open A Probate?

If your loved one died and owned more than $184,500 in assets in their name, whether they had a Will or not, then, YES, you have to do a Probate case to get those assets transferred to heirs or beneficiaries.

Check out these short videos we made to learn more:

What Is A Will?

I’m an executor – do I need a lawyer and probate?

What does an Executor have to do?

You are named as an Executor in a Will, or your loved one didn’t have a Will but they died and owned more than $184,500 in assets, you need to:

  1. Get Court approval and appointed as Executor or Administrator of the Probate estate
  2. Notify heirs and beneficiaries and creditors
  3. Collect assets and appraise them
  4. Sell assets
  5. Pay off outstanding bills, debts and taxes
  6. Get Court approval to distribute the remaining assets according to the Will or California law
  7. Distribute the assets
  8. Get Court approval to be discharged as Executor or Administrator of the Probate estate
  9. File final tax returns

Check out this short videos we made to learn more:

What Does An Executor Do?

How do you pay for the cost of Probate?

Good news – you don’t have to personally pay for the cost of Probate. Your loved one’s assets will pay for the attorney’s fee, your Executor’s fee and other expenses. At Lawvex, we do ask our Executor clients to personally advance a deposit of $3,000 for initial EXPENSES only (not our fees) which you can pay with a credit card and get reimbursed for at the end.

NOTE: If there is any possibility that you might not get appointed as Executor, we may request an additional deposit because if your Petition for Probate is denied or withdrawn for any reason, our fees will revert to hourly rates. Also, if the only asset is real estate and there is no cash in the Estate, we will require you, in advance, to either deposit personal funds or take out a small loan against the Estate real estate to provide for fees and expenses.

HOW MUCH DOES PROBATE COST?

It varies depending on the assets in the Probate estate. More assets, more cost. Expenses include things like Court filing fees, process server fees, publication of the Estate in the local newspaper, and appraisals. But – regardless of what attorney you choose, you should choose an expert Probate attorney because the attorney’s fees and the costs will be the same because our fees are set by California law:

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.

Note: If bond is required, and will be more than a few hundred $, then we may require an increased deposit from you to cover the initial bond premium.

How long does the Probate Process take?

Average time from opening to closing a Probate estate in 2023 have been upwards of 18 months. The Lawvex Probate Process target from when you hire us to Court Ordered distribution of the Probate estate is 12 months or less.

NOTE: Time to complete the Probate estate will depend on many factors over which Lawvex has no control, including you, the Executor / Administrator. Generally, if you follow our Probate Process, and nothing unusual happens, we should be able to complete it within 12 months.

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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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. Times below are targets, not guarantees.

Stage 1 – Onboarding (7 – 10 days)

  • Attend the Onboarding Meeting (Property Coordinator)
  • Download Case Status Probate Mobile App
  • Collect Information from you (obtain death certificate, obtain original Will, asset information and locations, obtain relatives, heirs and beneficiaries names and address)
  • Review the Will (if there is one)
  • Determine the Distribution Plan
  • Identify and locate Heirs and Beneficiaries (Atlantis Investigations)

Stage 2 – Petition (7 – 10 days)

  • Prepare Petition for Probate, Notify Heirs and Beneficiaries, Order for Probate, Letters Testamentary / Administration
  • Lodge the Will (if there is one)
  • Prepare Newspaper Publication
  • Application for Bond / Waiver of Bond (Bond Services of California)
  • Attend the Case Plan Meeting (Probate Attorney)

Stage 3 – Property Plan (4 weeks)

  • Attend the Site Visit (Property Coordinator)
  • Obtain real property appraisal (Probate Referee)
  • Obtain real property listing / sales proposal (GREimagined real estate)
  • Obtain real property cash offer to purchase (GREimagined real estate)
  • Appear for you at the Hearing on the Petition (Probate Attorney) (you do not have to be present)

Stage 4 – Open Administration (4 – 5 weeks)

  • Obtain Certified Copies of Order and Letters
  • Obtain and File Bond
  • Send Cash Collection Package to Banks and Financial Institutions
  • File and send Notice of Proposed Action for Listing / Sale / Loan on real estate
  • Send Notices to Creditors, Department of Health Care Services, Franchise Tax Board
  • Obtain Tax ID
  • Open Probate estate bank account (Community West Bank)
  • Attend Client Asset Collection Call (Probate Paralegal)

Stage 5, 6 and 7 – Collect, Appraise and Sell Personal and Real Property (8 – 12 week)

  • Obtain bank and investment account statements from decedent’s accounts and Probate estate bank account
  • Track assets on hand, receipts and expenses on Probate estate accounting ledger
  • Obtain appraisal of accounts, personal property, investments
  • Work with real estate professional (GREimagined), estate sales company and other asset professionals to liquidate assets

Stage 8 – Creditor Claims (120 days runs concurrent with Stages 5, 6 and 7)

  • Receive Claims from Creditors 
  • Evaluate and, where appropriate, negotiate with Creditors to reduce debts payable

Stage 9 – Petition for Final Distribution (60 days)

  • Prepare and file Petition for Final Distribution and exhibits
  • Attend Distribution Meeting (Probate Attorney)
  • Send Notice to heirs and beneficiaries

Stage 10 – Distribution, Receipts and Discharge (30 days)

  • Prepare transfer documents (deeds, assignments, and receipts)
  • Prepare Petition for Discharge of Executor / Administrator

What does Lawvex expect from you?

  1. Your full and immediate attention to the Probate Pathway and your duties.
  2. Sign our Probate Client Agreement
  3. Deposit $3,000 for expenses – not attorney fees (this will be reimbursed to you and can be paid with a credit card – if you can not afford the deposit, we have financing alternatives)
  4. Follow our Probate Process, exactly. We require our clients to use our Case Status Mobile App for communication with us, we require our clients to use our Vendors (Community West for banking, GREimagined for real estate, First Probate Loans for lending, Bond Services of California for bonding, and Atlantis Investigations for asset and people searches). To be clear – you can not use your local bank for the Estate bank account. You will be required to use Community West Bank. You can not use your friend or relative as a realtor, you will be required to use GREimagined. These vendors are experts and provide outstanding service. We have pre-agreed to streamlined processes in advance so that we save you time by communicating with these Vendors on your behalf quickly and easily.
  5. We will hold you accountable to your commitments and duties as the Executor / Administrator of the Probate estate.

Stage 1 – Onboarding (7 – 10 days)

  • Attend Onboarding Meeting (with Property Coordinator)
  • Download Case Status Probate Mobile App
  • Use Case Status Probate Mobile App to communicate with Lawvex
  • Provide original Will (if there is one)
  • Complete Probate Intake Assessment
  • Complete Bond Application / Obtain Bond Waivers

Stage 2 – Petition (7 – 10 days)

  • Attend Case Plan Meeting (with Probate Attorney)
  • Review and sign Petition for Probate and related attachments

Stage 3 – Property Plan (4 weeks)

  • Review real property appraisal (Probate referee)
  • Review real property plan (GREimagined)
  • Decide on property plan: List for sale (GREimagined), Sell for cash (GREinvestments), Borrow against property (First Probate Loans) – (Property Plan Call with Property Coordinator)
  • Sign listing agreement / sale agreement / loan agreement (contingent upon appointment as Executor / Administrator and no objections)

Stage 4 – Open Administration (4 – 5 weeks)

  • Attend Probate Estate bank account appointment and sign account signature card (Community West Bank)
  • Attend Client Asset Collection Call (with Probate Paralegal)

Stage 5, 6 and 7 – Collect, Appraise and Sell Personal and Real Property (8 – 12 week)

  • Go to banks and investment / financial institutions where decedent held accounts, collect funds with cashier’s check and bank statements back to date of death
  • Deposit cashier’s checks in Probate Estate bank account (Community West Bank)
  • Attend estate sale with estate auctioneer
  • Sell vehicles and other valuable personal property items

Stage 8 – Creditor Claims (120 days runs concurrent with Stages 5, 6 and 7)

  • Review and pay Creditor Claims
  • Obtain payoff confirmation from Creditors

Stage 9 – Petition for Final Distribution (60 days)

  • Attend Petition for Final Distribution Meeting (with Probate Attorney)
  • Sign Petition for Final Distribution and related attachments

Stage 10 – Distribution, Receipts and Discharge (30 days)

  • Attend Distribution Meeting (with Probate Paralegal)
  • Sign Petition for Discharge
  • Sign checks, deeds, other transfer documents
  • Obtain signed receipts from beneficiaries
  • Have accountant prepare and file final Probate Estate income tax return
  • Pay final income taxes (if any)
  • Distribute any remaining funds from reserve funds to beneficiaries

If you agree to the Probate Pathway, including using our Probate vendors, we would be happy to serve you! Our goals are the same as yours: honor your loved one’s wishes, get your inheritance as quickly as possible, and avoid disputes and personal liability. Our Probate Pathway is based on years of experience over hundreds of probates and designed to be as seamless and worry-free for you as possible. Some of our Probate Pathway is required by California law, but a lot of it is our own internal proprietary process.

But, if you work with Lawex, we require you to follow the Probate Pathway, no exceptions.

If you prefer to follow your own process, we completely understand, and we will refer you to another probate attorney. If you fail to follow our Probate Pathway (not using the Case Status Probate Mobile App, not communicating with us or attending the required meetings and calls, not collecting information or assets timely, not using our approved vendors or not timely selling property or paying creditors) then we will quickly substitute out as counsel of record and withdraw from representing you and refer you to another probate attorney.

NEXT STEPS: Let’s get started!

  • Sign our Probate Client Agreement
  • Deposit $3,000 for Probate expenses

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