I’m a Real Estate Agent specializing in Probate, and I want to help you through this difficult season.

If your estate is considered “simple” and you’re the only heir or spouse (not on title) then petitioning in pro per (“in propria persona”) meaning “Without a Lawyer”, might be best for you. Those who take this path usually plan on remaining or soon to be living in the home. But before you start filing paperwork, here are three simple mistakes I’d avoid:

• Filing by hand. The temptation is to file your paperwork at the clerk’s office by hand. This is a huge rookie mistake. Please understand that electronically filed forms take precedence over handwritten ones, with the only exception being the actual will if one exists.
• Missing information on forms. Attorneys tend to navigate around missing or unknown data on their forms, but if you are acting alone and submit forms with missing or inaccurate placement of information, the file becomes a lower priority to the courts.
• Mortgage or Bank issues? Don’t wait to become the Personal Representative if the property is in distress, consider filing as a Special Administrator and cut straight to the front of the line.

If no family drama exists, then both attorneys are essentially the same. However, if a will or its codicil has recently been updated, modified, or amended and/or certain family members have been omitted from receiving an end of life distribution and there is even a chance the validity of the latest will is called into question (has a defect), then you may want to consider the possibility of opposition. This is where roughly one year of probate can turn into two or more. Therefore, if the will is seriously challenged, a San Diego based litigator may be just the right professional to hire if it all goes to trial. They are more familiar with our three probate judges here in San Diego, which could increase your odds of winning, especially if the opposing counsel is from out of town.

I think it’s important to distinguish between “fixed fees” and “costs” when it comes to attorneys, their duties and responsibilities, so you know what to expect. For the sake of simplicity, the fixed fee is determined by a CA statute which is based on the assessed gross value of the *real property (even if a mortgage exists on the home). Essentially, this ensures that you get the basic level of legal representation for the duration of the probate. The state assumes that there will be no significant interruptions in the probate process, meaning that all parties agree the will is fair and valid.

The Fee Schedule

The State of California established a basic fixed probate fee schedule that can be found in the Probate code [10810 – 10814]. Again, this demonstrates how an attorney calculates their fixed fee based on the property value (similar to my Realtor fee).
– 4% of the first $100,000;
– 3% of the next $100,000;
– 2% of the next $800,000;
– 1% of the next $9 million.

Now let’s look at some “cost factors” paid for by the estate.

Costs are:

-Filing fees and photocopies
-Support fees such as accountants, appraisers, skip tracers, publishers, bonds, etc.
-Extraordinary work by the attorney
-Time spent overseeing professionals and checking their work if required. The attorneys I work with will not charge you when they talk to me about your case.
-Litigation – defense against disgruntled family members, or entities who were not included, or omitted, from the latest will or codicil.

As long as:

• You’re of sound mind
• Can sign your name
• Afford to pay (average cost is about $3,500 USD)

… you can create a Living Trust. This typically avoids probate.

There are usually three main players in Probate:

1. You, the Personal Representative of the estate
2. Probate Attorney
3. Real Estate Agent

For the sake of easy math, they each could earn about 15-25K for their work.

So, what should you expect?

1. It takes about a year to settle the case
2. Legal representation costs are regulated by the state
3. The benefit of working with the attorneys I collaborate with is peace of mind. Essentially, your problems now become their problems.
4. I’ll help refer you to other key people as your agent
5. These expenses usually come directly out of the estate after I sell the home.

If there are credit settlements needed, you or the attorney can you negotiate with the estate’s creditors, especially if you have a finite amount of cash to work with. In fact, this might be a good time to consider offering a “lump sum settlement” for those willing to accept it. For example, credit cards, mechanic liens, and personal loans are generally negotiated around fifty cents on the dollar because they are typically last in line to get paid. Other debts that have been co-signed (and cosigners are still living) are a little more work, such as certain types of student loans, or older medical bills, but before you consider negotiating these entities, it’s important to fully know your rights and responsibilities beforehand.

You can publish the Legal Notice in any legal newspaper. With that said, the owners and editors of the Uptown SD Examiner, Kevin and Tauyna Specht, function as a legal publisher who will directly notify your list of heirs, entities, creditors, etc. They will put those involved on notice that a plan of action is now taking place with the decedent’s estate. In addition to that, a public advertisement is published three times in their newspaper with the shortest possible timelines. Once these timelines are met Kevin will provide you with an affidavit to sign and then e-file it directly to the Clerk’s office as part of the service. Kevin charges less than half of what the Union Tribune and operates a small business.

A title report should be ordered as early as possible if you’re selling, refinancing, or transferring real property. The last thing you’ll ever want to discover and deal with is a clouded or defective title somewhere in the escrow process. For example, there could be an IRS lien on the property for back taxes, unpaid child support, or even a disputed boundary with a neighbor. None of these issues should ever be a surprise when this due diligence is performed. Kim Wilburn of Orange Coast Title does a spectacular job when it comes to full title reports and specializes in all things probate.

What do referees normally look at?

1. Real property 

2. Personal property (like a car, boat, RV or manufactured home).

1. The cost to do this is 1/10 of 1% (.001%) of the market value of the home and anything else that may need an appraisal.

2. You have 120 days from “letters” to file the completed appraisal. Don’t make the rookie mistake of scheduling your appointed referee on day 110 and expect miracles. 

3. But, if you have a good reason why you need an extension, such as discovering more assets, your attorney can then file a partial DE-160 and request more time. 

4. The Probate Referee does not need to appraise anything that has designated beneficiaries

1. Joint Tenancy in Real estate

2. Cash, Currency, Bank Accounts, Life Insurance

If you’ve inherited mortgage issues, such as creditors, and liens, you’re not alone. This may seem like a great time to reach out to those institutions and negotiate, but before you can you must have the courts “Letters of Administration” in hand for the estate’s funds to be released. There is, however, an emergency way around this called a “Special Administrator”. You can get results in days not weeks if the estate is in dire straits. But in the meantime, the info below may be helpful as a quick guide to determine roughly what category of late the estate is actually in.

For example, if the bank is sending the estate past-due notices, it may contain language like this:

In Default – missing a few payments
Notice of Default – missing four or five payments
Notice of Trustee Sale – missing six or more payments
Foreclosure – 176- 200 days in California roughly from the first late due date

If the mortgage is behind and you need to take immediate action, and if you have Letters from the Court:

1. Contact the bank, let them know you are the PR of the estate, you have Letters, and would deliver that document (and anything else required) to a branch office.

2. Then ask them how you can request a “deferred action”, or a “voluntary postponement” because you need to consolidate assets so you can bring the loan current.

3. In many cases, the next step is a “Bridge Loan” to bring the mortgage current,  set some aside for home repairs, other expenses, etc. You can work on this with the bank or I can connect you with a mortgage broker in our office.

4. Follow up with the bank to remove the foreclosure notice from the County Assessor’s Office and its related verbiage all over the internet for every buyer to see.

If you do not have Letters from the Court, and you cannot wait 4-6 weeks, you may need to hire a probate attorney and ask them to file a “Letters of Special Administration” on your behalf so you can gain access to the estate’s financial accounts, and begin the process to bring the distressed loan current.

Other less attractive options are:

1. You could borrow against your own home, bring the default loan current, get Letters, sell the property and pay yourself back.

2. Sometimes it’s best to do nothing… if the estate is facing a non-judicial foreclosure and the mortgage owed is greater than the current home value. Then on paper it might make sense to walk away, but you will definitely want to consult with a bankruptcy law specialist before you give up.

I sell real estate and work well with other professionals like lawyers, CPAs, financial planners, and other Realtors.

If I can help jump start your Probate process like a pro then perhaps you’ll consider trusting me with other tasks like selling the home.

It’s just a call, it’s free.

I do. I earn my money from the sale of your home if you hire me to do that.

Given my extensive construction experience, I’ll meet a contractor or a specialist on-site to go over bids or reports.

That’s alright, I’ll find a professional buyer who wants it as is, or look at a bridge loan for home improvements

You’re the boss. Pay them for their work to date and hire someone else.