Terms of Service:

By agreeing to the Terms of Service, you are confirming that the attorneys at e-probatePROS ("Attorney") will represent you ("Client") as personal representative of the estate of the deceased, as each party is identified in the Probate Info form you completed on the Services page. Client understands that e-probatePROS must approve Client's Probate Info form and representation of Client prior to having any obligation to provide services to Client. 

Attorney's ordinary services will include identifying and collecting the assets of the estate, preparing the court documents and appearing at court hearings, and distributing the assets to the beneficiaries or heirs. If there are any duties Client must perform as personal representative of the estate, Attorney will guide and advise Client.  

Attorney's Fee
Attorney's fee for representing Client as probate counsel will be fixed and approved by the court toward the end of the administration process. Similarly, Client's commission as personal representative is determined by the California Probate Code. Fees and commissions are paid out of the estate and are computed as a percentage of the gross value of the estate. The statutory fee schedule is as follows:

4% of first $100,000, 3% of next $100,000, 2% of next $800,000, 1% next $9,000,000, 0.5% of next $15,000,000, excess over $25,000,000 determined by court.

These are the fees that are charged for ordinary services to the estate, which generally include all normal services rendered in administering the estate. The Probate Code also permits the court to approve and authorize payment of fees or commissions for “extraordinary” services. For example, handling the sale of a business is an extraordinary service, as well preparing an estate tax return. These services will be charged to the estate at Attorney's customary hourly rate, which is $300. In addition, the services of any staff such as paralegals will be billed at the hourly rate of $125. Attorney will discuss extraordinary services with Client prior to Attorney performing such services.

Generally, costs associated with probate are paid by Client and reimbursed to Client by the estate. These costs include the initial court filing fee for the petition for probate, newspaper publication costs for notice, fees paid to the court's probate appraiser, and a court filing fee for the final petition for distribution. It is safe to estimate that total costs will be in the range of $400-1,000. Attorney may agree to advance the various filing fees and costs incurred during the course of the probate administration, and will ask for reimbursement of these costs. In some instances Client may qualify for a "fee waiver" by the court. Attorney will help determine the availability of such a fee waiver.

Nonprobate Matters
The probate services discussed above for which Client has engaged Attorney will be billed to the estate, subject to court approval. However, if any nonprobate matters are performed by Attorney such as filing a petition for an order from the court confirming Client's ownership of property. This is a separate, nonprobate matter in that it is not a service on behalf of the estate. Accordingly, Client will be personally responsible for Attorney's fees for such matters, at the hourly rates set forth above.

Conflicts of Interest
Under these Terms of Service, Attorney is representing Client as personal representative for the estate. In that role, Client will have a fiduciary responsibility to all the beneficiaries of the estate. However, Client, may have a personal interest in the estate, because Client may be one of the beneficiaries. Although not anticipated at this point, it is possible that a conflict of interest may arise between Client's personal interest in the estate and the interests of the other beneficiaries. In that occurs, Attorney would represent the neutral interest of the Client as personal representative and not Client's personal interest.

If you agree with these Terms of Service, please confirm by checking the box below. 

Click to GET STARTED

Or call 805.242.4414

​​​​e-probatePROS