We have three options for estate plans. Because we strive to make estate planning easy on our clients, almost all plans are completed in 2-3 meetings.

(1) Our Classic Estate Plan is $3,500 for a couple and $2,200 for an individual.

(2) Our Simple Estate Plan option is $2,750 for a couple and $1,500 for an individual. This option is appropriate for clients who only need two meetings with our attorneys and who opt to complete their second meeting with our trust funding specialist, who is an associate attorney. This option is likely to work well for you if you are very clear about your estate planning goals, and do not have one of the following situations: real estate owned with persons other than your spouse, a complex distribution (inheritance) plan, restrictions on your spouse’s inheritance, and plans with beneficiaries that need ongoing support.

(3) Our Super-Simple Estate Plan option is $2,000 for a couple and $1,000 for an individual. This option is for a plan to be completed in a single meeting. This option is appropriate for clients who can complete our intake form on their own—a great option for clients who know who will be their successor trustees and have a very straightforward distribution plan.

All Estate Plan packages include a Living Trust, Certificate of Trust, Deed, Will(s), Power of Attorney(s), Advance Health Care Directive(s), Guardianship Nomination, and Power of Attorney over Child Care, and a Caregiver Affidavit. Recording of the deed for your residence and Special Needs Trusts are included at no additional fee if needed.

For those needing additional documents or services the fees are as follows:

(1) Post-marital or Cohabitation Agreements are $950 per document.

(2) Separate Property Trusts are $500 per trust.

(3) Special Needs Trusts are always free when part of an estate plan.

For all insurance plans, the property recording, and notary fees are not covered by insurance. The fee structure is as follows:

(1) The property recording fee is $150 dollars and notary fees are $15 per signature.

(2) In most cases, those fees total $225 for an individual and $300 for a couple.

(3) If you have a “will only” plan you will also pay the fee to add a trust which is $1250 for a couple and $950 for an individual.

The fee for an amendment or restatement of an estate plan drafted by Summerall Law is $500.

The fee for an amendment or restatement of all other plans is approximately 25% off the applicable Estate Plan price listed above and depends on which option the client selects for completion of the restatement:

(1) For restatements requiring multiple meetings with a senior attorney: $2,500 for a couple and $1,500 for an individual.

(2) For restatements completed in one meeting with a senior attorney and one meeting an associate attorney: $2,000 for a couple and $1,125 for an individual.

(3) For restatements that require only one meeting – meaning the intake form is completed in advance of the only meeting with an attorney the fee is $1,500 for a couple and $750 for an individual.

This fee difference between updates for Summerall Law plans and other plans reflects the additional time it takes for us to become familiar with a new client’s goals and their preexisting documents.

If you would like us to review a trust created by a different attorney and advise you on potential issues with the trust, our fee is $500. Many clients use this option to understand the trust of a parent or family member that impacts them. The fee includes a review of the trust and a 60-minute meeting between attorney and client to highlight issues with the trust. The trust should be provided in advance. If the client (or their parents) elect to engage Summerall Law to restate the trust their trust then the Trust Review fee is waived.

We gladly provide a 10% discount to veterans and all those who serve our communities through the military, fire and police departments, and by teaching in public schools (K-12).

For all health care workers, we are offering a 25% discount on our plans. We are offering this broadly to anyone who is on the front line of this crisis including all administrative staff or other health care staff.

A probate administration is the legal proceeding necessary to transfer the property and assets of person who has died when that person died without an estate plan – either without a will, or with a will but without moving important property into a trust – and there is no other automatic means of transferring the property such as having property jointly titled or having a beneficiary designated on the account that holds the property.

While there are some differences between the probate process when someone dies without a will as compared to when someone dies with a will, but without a trust, because the processes are so similar we treat them similarly and have described them together here.

Trust administration is a more straightforward and less time-consuming process for transferring property that is held in a trust according to the requirements of the trust. We help the trustee complete their legal duties and distribute the trust assets to the people identified in the trust.

There are 3 basic elements to our probate administration services:

1. Taking Advantage of Any Non-Probate Transfer Options

As part of our services, we first explore if there are any solutions available that will allow the property to be transferred outside the probate process. For more detail, please see the Frequently Asked Question here: What options exist for transferring property outside of probate? Using these strategies reduce your fees and help beneficiaries get access to property more quickly. If there are not any meaningful alternatives, we will start the probate process.

2. Selecting an Administrator – What to Do When There is No Will

If the estate is that of a person who had a will, that will likely identified the person who will be the executor of the estate – the person that collects and distributes the property and winds up the affairs of the person who has passed (including paying debts and settling legal claims). If your probate services are for a person with a will, you get to skip this step, unless there are unique issues to discuss.

If there was no will then the first thing the family needs to decide is who will be the administrator – that is the same thing as an executor, it is just the term you use when there was no will. The administrator also has a responsibility to keep the beneficiaries – the people potentially entitled to receive estate property – updated on the status of the process.

For more detail on choosing an administrator, please see the Frequently Asked Questions section below: What do we need to think about in selecting an administrator for an estate?

3. Probate Administration in Court

This is the tough part. We help the executor or administrator understand their duties, complete the necessary steps, and navigate the judicial process.

We have described this process in more detail in the next section (What to Expect).

The Probate Process (and Some Comparisons to Trust Administration)

The probate process is difficult, but with the help of a caring advocate it can be slightly less painful. Sarah often tells clients, in a half-joking manner, that the difference between probate and trust administration is that probate is like signing your family up for an IRS tax audit after your death while trust administration is more like asking them to file a tax return.

Legally, probate and trust administration are supposed to be exactly the same thing except that in probate the court oversees the process. Practically, this means that in probate your family must comply exactly with the local rules regarding how forms are filled in, follow an intricate step-by-step process, account for every cent in the estate, and be prepared for the entire proceeding to be held up for several months if the court has any questions or a document is returned a day late. In trust administration, the rule is more: if everyone is in agreement, then you can move forward. Since you are not waiting on the court’s availability and permission, it is much faster and easier to move the case along.

Generally, the probate process works like this:

1. Opening of Probate. A petition (court lingo for “request”) for probate is filed with a request to approve or appoint an administrator. The petitioning (requesting) party sends notice to all the beneficiaries.

2. Administrator Gives Notice. The administrator publishes notice in the local newspaper and notifies all the beneficiaries of their intent to administer the estate.

3. Hearing to Appoint Administrator. There is a hearing where the judge reviews the petition and if no one objects, prepares an order to appoint the administrator.

4. Inventory and Appraisal. The administrator then prepares an inventory and appraisal of what is in the estate (a list of what the person owned and how much it is worth).

5. Payment of Debts and Settlement of Claims. Administrator pays the debts of the estate including taxes and resolves any outstanding claims (like a credit card debt, utility bill, or outstanding loan).

6. Final Accounting and Distribution. The administrator then prepares and submits to the court an overview of the remaining property in the estate, its value, and an explanation of how they believe the property should be divided per the terms of the will (if there is one, or according to the law, if not), and asks the court to approve their actions.

7. Close of Probate. The court issues an order approving the distribution, the administrator sends out checks, and the probate case is closed.

Why should I use Summerall Law instead of another firm?

1. Other attorneys are going to offer similar services. The primary complaints that we hear about other practices are that the attorney seemed uninterested in completing the plan, or the process was too complicated, expensive, or burdensome for what the client needed.

2. We have listened to those complaints and we run our practice differently.

3. What our clients appreciate about us: Clear and user-friendly process.

The primary distinction between our practice and other practices is that we do a lot of estate planning. Because we have spent so much time on that process our intake process is well-developed requiring little documentation from clients, our turnaround time is fast, our documents are easy to understand, we have well-developed instructions on how to maintain a trust, we have online search services to obtain your deed, and we work well with insurance providers.

4. We have time in our schedule set aside for meetings and signings, we prioritize time with our clients. For attorneys who do less of this work, their process is not as well developed and that can result in duplicative meetings, extra drafts, missed communications, and other time-consuming issues.

5. Attorney attention. Many attorneys try to save time in the estate planning process by having a paralegal meet with the clients. We have found the best way to avoid the back and forth of edits and revisions is for the client to meet directly with the attorney and then for the attorney to promptly prepare and provide a draft estate plan to the client that is very close to the final product. This process allows our clients to feel confident that they understand what they are signing and that it is representative of their wishes.

6. We like meeting with clients and hearing about what is going on in their lives and helping them make informed decisions. It is why we do what we do.

7. Sensible and predictable fixed-fee billing. Many attorneys use traditional billing structures based on charging hourly rates for estate planning services and for follow-up services. Hourly rates have significant downsides. We have seen these rates and final bills be what we consider to be absurd beyond all reason. For example, $7,000 for an amendment, or $1,000 per year in maintenance fees. Not only can hourly rates lead to absurd costs, we believe hourly rates can often lead to less effective estate plans. Clients may decline useful legal tools because they want to avoid costs or because they feel that the attorney may be recommending them to make more money or because they did not fully understand the impact of a document because they did not want to pay for additional attorney time to respond to questions.

8. A flat-fee structure allows for time and flexibility. If our clients have a question or concern, we want them to feel comfortable asking those questions without worrying about fees. Further, we want them to feel confident that if we are recommending a document or process, we are recommending it because it is what is best for their estate, not because we are going to make additional money off of it.

Using a system of simple intake forms and process combined with a fixed-fee structure that allows for unlimited follow up questions creates the most peaceful and harmonious planning process.

When can people inheriting money or property expect to receive it?

We highly recommend that any beneficiary of a probate estate not depend on the money they are planning to receive from the proceeding until they actually receive it. There are a hundred different reasons why the money not be available: there might be unknown creditors, litigation against the estate, or intense and lengthy litigation between the beneficiaries. Even if the money is all there and is coming to you, it may take years.

It is going to take longer than you think for the probate process to close. Houses not selling, water leaks, claims by caregivers, complicated creditor claims, busy courts that cannot re-schedule routine hearings for three months, all these obstacles contribute to probate taking longer than anyone wants it to. If you have in your mind that you don’t know how long it will take, you are right. No one knows how long it will take until you get your order for distribution.

What do we need to think about in selecting an administrator for an estate?

The administrator is usually the spouse, and if no spouse, then one of the children, if no children, then a sibling. It does not have to be one of these people as long as everyone agrees on the best person.

The most important aspect of picking an administrator is to pick someone who will not make family conflicts worse. Being financially savvy or having a background in law is not that useful. Having the ability to distribute personal items without hurting anyone’s feelings is priceless. The attorney is going to tell the person what the law allows or requires the administrator to do with property, so as long as the administrator can follow directions, they are qualified for the job.

Be realistic when choosing an administrator.

Paradoxically, the person who is presumed to have a right to be an administrator under the law of California is also the person most likely to be in the most severe state of grief. If dealing with legal paperwork is going to make the grieving process more intense for that person, we recommend that the family consider other options, such as an aunt or uncle who is available, retired, and would like to help the family out by offering to take on the job.

For the family of grieving spouses, please note that the surviving spouse, even if not obviously shaken, may need extra support, care and love for at least a year. Maybe two years. You know how people tend to say that couples share a brain? Well, when one-half of the brain is no longer there, it takes a long time for the other person to catch up. A person who recently lost a spouse and is otherwise mentally capable, will often have a hard time doing simple tasks such as reading and responding to bills or letters. They may also have a hard time expressing their need for new companionship and be extremely sensitive to loved ones and friends not returning calls or responding to letters. Holiday cards are a big deal.

If a surviving spouse wants to serve as administrator, we recommend that there be some friends or family that are on call to help them read and respond to email, find where to sign forms, and otherwise provide companionship during this time.

Should the administrator charge fees?

Being an administrator is hard and is likely to take more time and energy than expected. It requires a lot of work. we believe it is a kind thing for an administrator to serve without asking for compensation, but we don’t recommend it. There are two reasons why an administrator should receive fees:

It is a lot of work, and you probably are not used to working for free. There are going to be a seemingly endless list of things that the attorney, a beneficiary, or creditor needs from you. It will be a lot of work and it is easy to not want to do it even when you are getting paid. Doing it when you are not getting paid, might lead to a state of misery that is incapacitating.

Getting tired can lead to litigation. If one person is doing all this work, and they are doing it for free, they might have a shorter fuse with complicated demands from their brother or sister who think they sold the microwave for less than it was worth at the estate sale they spent their entire Saturday hosting. This anger can build-up and lead to less than optimal communication which is often the source of litigation. Being paid for the time spent on estate tasks is fair and can help ease the feelings of one person carrying too much of the burden.

If someone is adamant that they want to serve without compensation, we recommend that they charge the estate for all of their expenses, the beneficiaries do something super nice for them at the end, and they communicate in the most loving and compassionate way during the process.

What options exist for transferring property outside of probate?

There are several ways to transfer property without probate. Before we open a probate proceeding in court we review the alternative options with our clients and their families.

Heggstad Petitions – When property was not assigned to an existing trust:

It is very common for families to create a trust, put their home in the trust, and then when they refinance, or buy another home, they forget to put it back in the trust.

As long as there is evidence that the failure to put the property back in the trust was unintentional, the best practice is to file a Heggstad Petition, instead of working through probate proceedings.

This petition asks the court to transfer the title to property back to the trust without a formal probate. It can save clients $30,000 in probate fees.

These types of petition can also be used for financial accounts that were not titled in the name of the trust (as long as there is some evidence that they were intended to be in the trust).

Cost. We do these often and tell clients to plan on about ten hours of attorney time plus the filing fee of ~$450.00.

Re-Titling Petitions for Spouses – When a spouse was inadvertently left off the title of property:

This situation usually comes up when one spouse is on title to an asset and the other person was not listed, most commonly for financing purposes.

When the spouse named on the title passes away, the other spouse needs to have their name added to the title in order to sell or take a loan out on the property.

In this situation you do not have to open a probate to transfer title, instead the surviving spouse can petition the court to confirm the spouse’s community property share to the surviving spouse. The order will tell the county recorder to re-title the asset in the surviving spouse’s name.

Cost. Plan on about ten hours of attorney time plus the filing fee of ~$450.00.

Summary Administration – When the assets are under $150,000:

If there is no real property in an estate and the value of the remaining assets is less than $150,000, there is a simplified form of probate called summary administration.

Using the summary administration process you can take title to most assets using an affidavit. You can get the forms you need and detailed step-by-step instructions on how to use this process here:

http://www.saclaw.org/pages/affidavit-collection-property.aspx

Cost. Paying for attorney time generally not necessary when using this type of process.

Probate matters are set by statute. We do offer discounts for simple cases.

Trust matters are billed hourly at $400 per hour with a ten hour minimum.

More detailed information is available on our Fees Page.

The fees an attorney is paid to handle a probate administration are set by statute – that means 90% of attorneys will charge you the exact same rate. We are willing to negotiate a fee reduction when it is a very straightforward probate with only one beneficiary or there are other special circumstances.

There are also costs to a probate which include filing fees, probate referee fees, and publication fees. The fees usually that total about twenty-five hundred dollars ($2,500) per case. These are paid directly to the court.

The Probate Process (and Some Comparisons to Trust Administration)

The probate process is difficult, but with the help of a caring advocate it can be slightly less painful. Sarah often tells clients, in a half-joking manner, that the difference between probate and trust administration is that probate is like signing your family up for an IRS tax audit after your death while trust administration is more like asking them to file a tax return.

Legally, probate and trust administration are supposed to be exactly the same thing except that in probate the court oversees the process. Practically, this means that in probate your family must comply exactly with the local rules regarding how forms are filled in, follow an intricate step-by-step process, account for every cent in the estate, and be prepared for the entire proceeding to be held up for several months if the court has any questions or a document is returned a day late. In trust administration, the rule is more: if everyone is in agreement, then you can move forward. Since you are not waiting on the court’s availability and permission, it is much faster and easier to move the case along.

Generally, the probate process works like this:

1. Opening of Probate. A petition (court lingo for “request”) for probate is filed with a request to approve or appoint an administrator. The petitioning (requesting) party sends notice to all the beneficiaries.

2. Administrator Gives Notice. The administrator publishes notice in the local newspaper and notifies all the beneficiaries of their intent to administer the estate.

3. Hearing to Appoint Administrator. There is a hearing where the judge reviews the petition and if no one objects, prepares an order to appoint the administrator.

4. Inventory and Appraisal. The administrator then prepares an inventory and appraisal of what is in the estate (a list of what the person owned and how much it is worth).

5. Payment of Debts and Settlement of Claims. Administrator pays the debts of the estate including taxes and resolves any outstanding claims (like a credit card debt, utility bill, or outstanding loan).

6. Final Accounting and Distribution. The administrator then prepares and submits to the court an overview of the remaining property in the estate, its value, and an explanation of how they believe the property should be divided per the terms of the will (if there is one, or according to the law, if not), and asks the court to approve their actions.

7. Close of Probate. The court issues an order approving the distribution, the administrator sends out checks, and the probate case is closed.

In simplified terms this means, for a million-dollar estate, the probate fees and costs will be approximately $26,000. For a five hundred-thousand-dollar estate, the fees and costs will be approximately $15,500. These fees are paid by the estate and the personal representative does not need to have funds to start a case.

Probate fees are set by statute and most attorneys will only work for statutory fees outlined below. We will negotiate from other attorneys/statutory rates for simple estates as follows:

• One Beneficiary= $7500 plus costs

• Large Estate Maximum Fees = $20,000 max (i.e. arrange for a maximum fee of $20,000 on million dollar probate)

• Simple Administration = 10% off statutory fees

What is a Simple Estate?

A simple estate means the beneficairies and service providers all worked together to make for a more efficient process. We will determine if your estate was simple, at the end of the process, based on the administrator and families compliance with the following:

• No contests to will, trust, executor, distribution, or accounting.

• Worked with one of our approved real estate agents or an agent that complies with our work terms.

• Worked with one of our approved accountants or an accoutnant that complies with our work terms.

• Client collected all financial assets.

There are also costs to a probate which include filing fees, probate referee fees, and publication fees. The fees usually that total about twenty-five hundred dollars ($2,500) per case. These are paid directly to the court.

California law says that the way to calculate the compensation the attorney receives for their time on a probate administration is based on the following fee schedule:

(1) Four percent on the first one hundred thousand dollars ($100,000).

(2) Three percent on the next one hundred thousand dollars ($100,000).

(3) Two percent on the next eight hundred thousand dollars ($800,000).

(4) One percent on the next nine million dollars ($9,000,000).

(5) One-half of 1 percent on the next fifteen million dollars ($15,000,000).

In simplified terms this means, for a million-dollar estate, the probate fees and costs will be approximately $26,000. For a five hundred-thousand-dollar estate, the fees and costs will be approximately $15,500. These fees are paid by the estate and the personal representative does not need to have funds to start a case.

Our average trust administration fee is $4,000.

We divide work between attorneys and paralegals to keep the total fee low.

Total fees are based on the complexity of your matter, including the type of assets involved and number of beneficiaries.

Our average trust administration fee is $4,000. For single beneficairy or cash only administrations, we have flat-fee service of $2,500.

We divide work between attorneys and paralegals to keep the total fee low.

Total fees are based on the complexity of your matter, including the type of assets involved and number of beneficiaries.

There are often a number of options available to solve issues with transfer of assets.

• This involves negotiating a solution before court or pursuing your matter through the courts.

• The majority of these matters are based on a contingency fee schedule starting at 10% of the recovery and escalating to 40% of the recovery based on the time and number of court proceedings it takes to resolve the matter.

• Summerall Law pays the costs up-front and is reimbursed if you recover.

• You pay nothing if you do not recover any assets.

• Most petitions are a flat fee of $4,000 for attorneys’ fees + the $500 filing fee charged by the court.