1. Does an estate have to probated.
Some small estates can have the assets transferred by virtue of a Survivorship Affidavit. There are also special procedures for a surviving spouse to receive the other half of the community property. Some property automatically transfers by operation of law, such as an account with a beneficiary, like pay on death accounts and individual retirement accounts (IRAs) if valid individual beneficiaries are designated. We can determine what process is appropriate in what situation.
2. Does the attorney take a percentage of the estate for handling the probate?
We do not charge a percentage of the estate for our probate services. We charge hourly for the time involved. An estate with many assets may cost less in legal fees than a smaller estate if less work is involved.