• PRACTICE AREAS

  • Accidents
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  • Wills
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  • Decedent's Estates/Probate
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    What do you do?

    The Law Offices of Scott E. Marshall can diligently:

    (1) represent you in a full Probate proceeding,
    (2) assist you in filing a Spousal or Domestic Partner Petition,
    (3) assist you in filing a Affidavit Re Real Property of Small Value ($50,000 of Less),
    (4) assist you in filing a request for an Order Determining Succession to Real Property (Estates of $150,000 or Less),
    (5) prepare death of spouse affidavits for clearing real property title to community property.

    What is the purpose of a Probate?

    In summary, a probate proceeding is where the estate representative:

    (1) proves the validity of a will, if there is one;
    (2) is appointed as an estate executor or administrator;
    (3) submits and inventory and appraisement of the estate assets;
    (4) pays debts and taxes;
    (5) distributes the property in accordance with the will or law, after court order.

    Is the executor or administrator paid?

    Yes. He or she is entitled to compensation as set forth in a fee schedule in the California Probate Code. Whether you request the compensation or not is up to you.

    How is the attorney paid?

    The attorney is also entitled to compensation as set forth in a fee schedule in the California Probate Code.

    Are all the decedent's assets subject to probate?

    Not necessarily. Some assets have beneficiaries, like life insurance policies or some bank accounts. Some real property assets are held in joint tenancy or as community property with right of survivorship. These assets may pass to others outside of probate.

    What if the decedent died without a will?

    Distribution is handled in accordance with California intestacy laws.

    How long does Probate take?

    At least a year, maybe longer in cases that are contested or difficult.