Our expertise as probate lawyers results in a smooth and efficient process for our clients
We guide Executors and Administrators through successful probate proceedings.
Probate is the court-supervised process that governs the management and distribution of assets that require court approval to be transferred upon death. This can occur in a variety of circumstances, including when someone dies without a will, or with a will but with property that was not held in or effectively distributed by the terms of a living trust or by beneficiary designation.
Cappelloni Law PC represents clients throughout the entire probate process, helping them navigate the complex court proceeding in the most efficient manner based on a comprehensive understanding of the court procedures and years of practical experience shared between the attorneys and paralegals at Cappelloni Law PC.
We help the personal representatives become appointed by the court as Executor (when they are named by will) or Administrator, and guide them through the probate process so that they can successfully access the deceased person’s assets, properly manage the assets as fiduciaries, and ultimately distribute the remaining assets to the appropriate beneficiaries. This process may include the following:
Preparing and filing a petition for probate and subsequent court documents
Gathering and inventorying assets, including preparing and filing a required Inventory and Appraisal
Providing required notification to beneficiaries, heirs at law, or next of kin where there is no will
Notifying and paying creditors and reviewing claims from creditors
Advising on paying debts of the estate and taxes
Assisting in selling estate assets, including real estate
Obtaining a court order to distribute assets
We handle probate proceedings in every county in California. We also have extensive experience helping clients sell real property during the probate process including condos and multi-unit buildings, single-family homes, and tenant-occupied dwellings, throughout the greater Bay Area.
“I worked with Lauren on the probate sale of a condo in SF and give her a well deserved 5 stars! Lauren was the probate attorney for my client, and took care of everything on the legal end so that we were able to have a successful and seamless sale, and was super responsive and great to work with throughout. Not only is she incredibly knowledgeable and organized, she is also compassionate and caring - which are extremely important qualities when helping a client who has lost a loved one. I wholeheartedly recommend her. For what it's worth, I also hired Lauren to do my own family's estate plan and I feel very comforted in knowing that we have all of our own bases covered, and should anything happen to my husband and/or me. I'm grateful to have her on my side!”
— Sherri H.
Our expertise leads to a smooth and efficient process.
Since our practice is dedicated exclusively to probate, trust administration and estate planning, we are intimately familiar with the intricacies of the process and our expertise in this complex area results in a smoother and more efficient process for our clients.
Cappelloni Law PC follows the statutory compensation guidelines in the California Probate Code, which establishes a fee structure based on a percentage of the gross value of the estate.
These fees, which may include extraordinary fees in limited circumstances, are outlined in California Probate Code Section 10810 and reviewed with our clients at the onset of our engagement. Our statutory fees are paid from the estate pursuant to court order after all of the assets have been gathered and are ready for distribution. Our clients are also responsible for any costs we may advance on their behalf, including filing fees, fees for certified copies, publication fees, and so forth.
Executors and Administrators may also be paid for their services in administering the estate, also in accordance with the same statutory compensation guidelines in the California Probate Code. This compensation is also paid from the funds in the estate.
“I cannot thank Lauren enough for her help throughout this process. She was always so kind and patient. It is difficult for those of us in this situation and she made it much easier.”
— Jeanie R.
There are circumstances when probate proceeding is not required.
California law permits some estates valued under $184,500 (for deaths occurring after April 1, 2022) to be collected outside of the formal probate court process, depending on the assets at issue. For example, real estate is excluded from this probate exemption amount.
We assist clients in obtaining assets without a formal probate proceeding when appropriate.
Filing a Heggstad petition, under California Probate Code Section 850, may be an option when title to certain types of assets were not transferred to the name of a trust that the decedent established. This results in obtaining a court order establishing that the assets with otherwise deficient title are trust property. Cappelloni Law PC also represents clients in connection with filing such Heggstad petitions when permissible, as the process often results in savings of time and expense for our clients.
Schedule your free consultation.
We offer meetings by video conference and in person. For probate clients, our in-person meetings take place by appointment in San Francisco or San Mateo.