California Probate Document Services From Let Us Help
Our paralegal team is highly experienced in preparing documents necessary for the execution of wills, including those related to probate proceedings. Let Us Help strives to assist California residents with cost-effective legal document services that streamline the probate process.
What is Probate?
Probate is a court-supervised process which deals with the following after a person’s death:
- Identifying the deceased’s assets and property and collecting all of it
- Appraising the property that has been collected
- Proving in court that the decedent’s will is valid
- Distributing property and transferring assets of the deceased to any heirs or beneficiaries according to the decedent’s will. If there is no will, divisions are decided by state law
- Paying the financial obligations of the deceased, including debts and taxes
In a probate case, the court typically appoints an executor if there is a will or an administrator if there is no will, as the decedent’s personal representative. This action is taken for the purpose of collecting assets, paying debts, and distributing the remaining assets and property to individuals who have the legal right to inherit the decedent’s estate. The entire probate process is court-supervised and can take between 9 to 18 months, depending on the case.
Let Us Help probate packages aid in this process by allowing for the transfer title of real and personal property in cases where the decedent either has or does not have a will.
The fees indicated below do not include those for filing, recording, or courier services.
Affidavit For Collection Of Personal Property
Starting at $149
Let Us Help’s Affidavit For Collection of Personal Property form allows for the collection of personal property assets of a deceased person so long as the following conditions are met:
- The deceased was a California resident
- No individual in any state, including California, has filed papers with the court asking for the deceased’s personal representative
- The decedent’s estate, including personal property and real estate, is less than $150,000
- The individual or individuals signing this affidavit or declaration is/are entitled to collect on this property, and no one else has a legal right to it
- At least 40 days have passed or will have passed since the death of the prior property owner
If the deceased in question owned real property as an individual, an appointed Probate Referee must sign a completed Inventory and Appraisal.
- Personal property can include a variety of items such as:
- Insurance policy proceeds
- Bank accounts
- Mutual funds
- Mobile homes not permanently affixed to land
- Rented storage units
Once the Affidavit for Collection of Personal Property has been signed and notarized, it can be presented along with a certified copy of the death certificate. You will also need evidence that the decedent was the property owner, and, if necessary, an inventory and appraisal to present to the current property holder.
Depending on the property holder, you may need to present letters or Letters Testamentary. Before you send in your affidavit, make sure that this institution will accept it and, if not, what documents they may require in tandem with your affidavit. Let Us Help also offers Letters of Administration and Probate of Will and Letters Testamentary packages to assist you.
Inventory And Appraisal
Starting at $229
Let Us Help’s Inventory and Appraisal Package is designed to address the inventory and appraisal of a minor, conservatee, or decedent’s assets. This process creates a complete listing of the assets of the individual in question as of a certain point in time. For a deceased person, this may concern assets listed as of the date of death.
Non-cash assets must be appraised by a California-approved Probate Referee who may be appointed by the Court. A copy of the most recent quitclaim or grant deed with a full legal description of real estate may be needed if real property is also involved.
Our package includes the following:
- Inventory and Appraisal
- Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property/Proof of Service (if required)
Probate With Will
Please contact our office to determine fees
Let Us Help’s Probate With Will Package is made to transfer title of both personal and real property of any value in cases where the decedent died with a will, and there is a willing executor available. This package does not apply to the execution of a joint will.
Probate Without Will
Please contact our office to determine fees
Our Probate Without Will Package can transfer title of real and personal property in much the same way that a Probate With Will Package can. However, this package is meant for situations where Letters of Administration are necessary to settle the estate of the decedent. The deceased individual must have passed away without a will.
Letters Of Administration With Will Annexed
Please contact our office to determine fees
Let Us Help’s Letters of Administration With Will Annexed Package is designed to transfer title of both personal and real property of any value. This package is for estates where the decedent died with a will, but there is no named or able/willing executor. This package works for any size estate and any type of property, including situations where Letters are needed to settle the deceased individual’s estate. This package does not apply to a joint will.
Transfer Of Real Property Valued At $50,000 Or Less Package
Starting at $459
Our Transfer of Real Property Valued at $50,000 or Less Package transfers title of real property under specific conditions:
- There are no pending probate proceedings, including those that have been conducted in California
- The decedent’s unsecured debts, medical expenses, and funeral expenses have been or will be paid
- At least six months have passed or will have passed since the decedent’s passing
The title transfer process is comprised of two steps:
- Completing an Inventory and Appraisal to ensure that the property is valued at less than $50,000. Once this value has been confirmed, you can prepare an Affidavit Re: Real Property of Small Value. All involved parties claiming an interest in the decedent’s property must sign this Affidavit, after which it must be notarized.
- The completed and notarized Affidavit, a certified copy of the decedent’s death certificate, a copy of the decedent’s will if applicable, and a copy of the Inventory and Appraisal can be presented to the Court in the county the decedent resided in at the time of their passing. If the deceased was not a resident of the state of California, the Affidavit must be filed in the county where the property is located.
Spousal Or Domestic Partner Property Transfer
Starting at $489
Let Us Help’s Spousal Or Domestic Partner Property Transfer Package can transfer title of personal and real property of any value to the surviving domestic partner or spouse of a deceased individual. This documentation comprises a simplified type of probate and is both faster and less costly than formal probate proceedings. This package works whether or not the decedent had a will.
The transfer of property between the decedent and the surviving spouse that was considered “community property” or “community property with right of survivorship” requires the filing of an Affidavit of Death of Spouse form, which Let Us Help can also prepare for you.
Transfer Of Real Property Valued At $150,000 Or Less Package
Starting at $559
Let Us Help’s Transfer of Real Property Valued at $150,000 or Less Package allows for the transfer title of personal and real property under specific conditions, including the following:
- There are no pending probate proceedings, nor are there probate proceedings being conducted in California
- At least 40 days have or will have passed since the decedent’s death
- The gross value of both personal and real property considered part of the decedent’s estate is not more than $150,000
The title transfer process requires two steps:
- Completing an Inventory and Appraisal to ensure that the property is valued at less than $150,000. Once this value has been confirmed, you can prepare the remaining documents in the package. If the value of the property exceeds its amount, Let Us Help has packages that can assist you.
- All parties with interest in the deceased’s estate must sign a Petition that is then notarized. This Petition must be submitted along with a copy of the Inventory and Appraisal, a copy of the decedent’s will if available, and a certified copy of the decedent’s death certificate in the county where the deceased resided at the time of their death. If the deceased was not a resident of the state of California, this Petition should be filed in the county where the property is located.
Let Us Help wants to assist California residents with their estate planning and probate document needs, including preparation, filing, and much more. Call 877-490-0068 to find out more about our cost-effective legal document preparation services.