FAQ

1. The Court sets a hearing on the petition and determines who should be appointed to administer the decedent’s estate. The Court issues Letters of Administration which constitute legal authority for the appointed personal representative to take over all aspects of the decedent's estate. 

2. The personal representative will arrange for the funeral, if not already arranged, and collect for safekeeping of the decedent’s assets, important documents and personal property. The personal representative also mails notices to family members, creditors and other interested parties, and a Court hearing may be conducted to resolve any questions or concerns about the assets and debts of the decedent’s estate. 

3. The personal representative evaluates claims against the decedent’s estate, pays taxes, and expenses, sells assets as needed, determines who is entitled to the remaining estate, if any, and concludes all matters affecting the estate. The personal representative prepares a final accounting of actions taken to settle the decedent’s estate, and files the final accounting with the Court. 

4. The Court will review and approve the final accounting. Once the accounting is approved, the personal representative is discharged and the Probate proceeding is concluded. 

A probate administrator is needed in many situations.

1. When requested to be.

2. When ordered to be.

3. When property is at risk of fraud.

4. When property is not productive.

5. If a will does not name an executor.

6. If a person dies intestate.

7. If a trust needs administration.

8. When no owner of a property can be located and it appears that the last owner may have died.

Decedent passes away. Someone reports to the California Probate Administrators that a probate is needed. An investigation is opened. 

Probating an estate                                           Projected timeframe 

Probate Administrator’s

investigation complete:                                      30 to 60 days 

Court hearing on Petition for Probate:              3 to 6 months 

Estate’s administration:                                      6 months to 3 years

Accounting approved by the Court:                  3 to 6 months 

Distribution after Court
approves accounting:                                          1 to 2 months 

The California Probate Code provides for statutory fees for executors, administrators and their attorneys. A Probate Administrator and attorneys that represent the Probate Administrator are each entitled to compensation, based on the value of the estate. Statutory fees for both the Probate Administrator and the attorneys are one time fees, deducted prior to the estate’s distribution, after the conclusion of the administration, and calculated as provided in the Probate Code as follows: 

4% on the first $100,000

3% on the next $100,000

2% on the next $800,000

1% on the next $9 million

0.5% on the next $15 million 

Above $25 million, an amount determined by the Court 

In addition to statutory fees, the Court upon request, may award extraordinary fees for extra work such as selling real and personal property, petitioning for determination of heirship, litigation to collect assets, and defending actions against the estate and other similar matters. All fees must be approved by the Court, in the final accounting. 

There are two different Probate proceedings in California. Each proceeding is determined by the total value of the decedent’s estate. 

1. A regular Probate proceeding is supervised by the Court and generally applies to decedent estates with a value exceeding $184,500, at the time of death. 

2. Summary Probate proceedings are only conducted by the Public Administrator, with limited or no Court supervision, when the total value of the decedent’s estate does not exceed $184,500. 

Yes. The purpose of the bond is to protect the beneficiaries or creditors of the estate from harm caused by the mismanagement or misconduct of the administrator. 

Per California Probate Code Section 7621, every estate shall be charged an annual bond fee in the amount of twenty-five dollars ($25) plus one-fourth of one percent of the amount of an estate greater than ten thousand dollars ($10,000). The amount charged is an expense of the estate. 

No. Hiring an attorney is not required.

However, if your right to repayment of a debt or to inherit is not clear, or substantial claims impacting the value of the estate have been filed, you may consider retaining legal counsel to represent your interests. The fees for representation are a matter for private agreement between you and your attorney and are normally not paid from the estate. 

Yes. Much more than someone would want.

We expose fraud, paracites, squatters, identity theives, and anyone trying to steal another's life.

The California Probate Administrators Incorporated staff search through the decedent’s residence, car, mail, safe deposit boxes, storage units, online and basically anywhere looking for all leads to the decedent’s assets and heirs. This includes contacting the decedent’s friends, family members, and associates. These leads are followed up in due course, and assets are collected. All assets are usually located before the close of the probate proceeding. 

Yes. A Probate Administrator, as Administrator of the estate, may make necessary funeral arrangements, either at the family's request or in the absence of relatives or heirs. 

Arrangements will be made commensurate with any pre-arranged plans of the decedent or the ability of the estate to pay. All deceased persons will be afforded a dignified burial when possible. 

Generally though, CPAI are called upon for negected estates, thus long after the final rest has commenced.

If you paid the debts/expenses of the decedent or incurred charges directly connected with the decedent's death, including funeral expenses, immediately notify the personal representative. You may be a creditor of the estate. Creditors must file a Creditor's Claim with documents supporting the claim within four (4) months after the appointment of the estate's Personal representative or administrator. Creditor’s Claim forms may be obtained from the court website. 

Creditor’s claims are paid when sufficient estate funds are available. If a funeral director or mortuary is contacting family members or heirs for payment, they should be referred to the Personal representative. The estate may reimburse reasonable funeral expenses. 

When an estate has insufficient funds to satisfy the decedent’s debts, claims are paid on a priority basis with debts owed to the U.S. or the state having first preference. 

Thereafter, claims are paid on a prorated basis. For details relating to priority of debt payment, see Probate Code section 11420. 

Yes. The California Probate Administrators Incorporated have a duty to ensure property is productive, that means is profitable and sustaining its own costs. CPAI therefore invests proceeds from an estate through different vehicles including lending with interest accuring; all the while maintaining accounting and asset managment records. 

Federal estate taxes, both the rate and the exclusions, are determined by the year the decedent died. There are no inheritance taxes in California. 

CPAI, as the Administrator of an estate, will file the estate’s tax returns. 

Yes. After the final accounting is complete. A final accounting will be filed with the Court prior to the distribution of the estate. If you call CPAI prior to the filing of the final accounting, we can only provide an estimated value of the estate or an heir's share of the estate. 

CPAI does not send out regular updates, but you are welcome to call anytime and ask for one. Our contact information is at the bottom of every page on our website. Because it takes time to pull up records, you might find it best to send an email with information identifying yourself as an heir, and if matching our records we can send you the updates. If you do not match, you will be notified.

Certified copies of the death certificate may be obtained by contacting the County Registrar-Recorder/County Clerk of the county where the Probate is administered.

For Los Angeles County you can call by phone at (800) 201-8999 or by visiting their website. The website accepts online requests, and provides addresses of local offices and office hours. 

The timeline for estate administration varies greatly depending on the complexity of the estate as well as the availability of the Courts. An estate’s administration generally takes at least 12 – 24 months or longer to complete. But CPAI specializes in hard cases that can take much longer.

Primarily the purpose is to pay the debts of the estate. From there it is basically easier to divide a cash account into any number of shares or fractions of a share to distribute it. Land does not fly very well, so selling makes more sense.

As noted, CPAI deals with hard cases where heirs are harder to track down. So selling the land serves other pragmatic concerns. Taking care of real property is a drain on the estate's value. Selling the land allows the estate to invest in other vehicles that earn money without incurring costs and maintenance.

Estate distribution will occur upon completion and approval of the final accounting. CPAI maintains all estate funds in insured interest-bearing accounts until needed to pay claims and other expenses of the estate. All assets are safeguarded in CPAI’s secure warehouse and or vault until sold or distributed. 

Upon request, a final accounting detailing all receipts and disbursements is available.