Probate Attorney Serving Santa Rosa
According to Inheritance Advanced, every year hundreds of thousands of people who have lost loved ones must go through the probate process, spending about two billion dollars annually on probate. Since only a little more than a third of all American adults have a will or any type of estate plan, probate is a fact of life, for families of decedents who left a will, as well as those who did not. Probate can be a lengthy, expensive process, as well as one that becomes public once the probate is completed. More and more people who engage in estate planning are taking specific steps to avoid making their loved ones go through the probate process. If you are considering having an estate plan prepared, it can be extremely beneficial for you to speak to attorney Eric Gullotta from the Gullotta Law Firm. Erica can listen to your wishes, and then help you choose strategies that can minimize the assets that must go through probate—or avoid probate altogether.
About the Gullotta Law Group
Stories That Speak
Trusted by Our Community, Proven Through Results
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Ashley’s warm welcome and Eric’s thorough, reassuring approach made estate planning easy. Don’t delay—great service for a better tomorrow!- Tracy S.
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Eric and Tina made updating our trust easy and efficient, answering all our questions and delivering timely results. Highly recommend for estate planning!- Alex B.
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Eric Gullotta and his team exceeded expectations, providing thorough, compassionate, and efficient support in revising trust documents. Highly recommended!- Beverly H.
How Your Gullotta Law Group Probate Attorney Serving Santa Rosa Can Help You
The Gullotta Law Group can help with probate issues in a variety of ways. When preparing your estate plan, we can implement certain strategies that can help your loved ones either avoid probate altogether, or that can minimize probate, if this is what you want. Following your death, we can either assist your named executor with the probate, or we can handle all probate administration tasks so your loved ones don’t have this extra burden. Every aspect of probate can be handled efficiently by the Gullotta Law Group.
What Is Probate Court?
California probate court is a specialized type of court that deals exclusively with the property, assets, and debts of a decedent, whether that individual had a will or not. The probate court judge oversees the entire probate process to ensure that all the decedent’s debts are paid and that the remaining assets are distributed either according to the wishes of the decedent as detailed in his or her will, or according to California intestacy laws.
What Is Ancillary Probate?
Rooted in Community, Driven by Integrity
Our Commitment to You
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As active and involved members of the Sonoma community, we are dedicated to making a positive impact, both professionally and personally, for the people we serve.
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We believe in making ourselves accessible to clients when they need us most. We are committed to providing responsive support throughout the entire probate process.
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Born and raised in Sonoma, we are deeply familiar with the local community and its values, allowing us to provide a personalized, compassionate approach to every case.
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We have the knowledge and experience to handle even the most complex probate and estate matters, providing expert solutions tailored to your unique situation.
Must Small Estates Be Probated in California?
California does offer some special rules that apply to small estates that allow these estates to avoid the formal probate process—whether there is a will or not. Assets held in joint tenancy are not counted in the determination of whether the estate meets the small estate limits, and neither are retirement plans, TOD brokerage accounts, POD bank accounts, life insurance policies with a named beneficiary, or real estate transferred via a transfer-on-death deed. Excluding these assets, if the personal property value does not exceed $184,500, the estate qualifies for a quicker, easier Affidavit process with a 40-day waiting period. The affidavit is used to collect any compensation owed to the deceased. A summary probate process is also available for those estates that are below the threshold.
Is Probate Expensive?
Unlike many other states, in the state of California, probate attorney fees and executor compensations are determined by California Probate Code Sections 10800 and 10810. These fees are based on the gross value of the estate, and are as follows:
- 4 percent on the first $100,000
- 3 percent on the next $100,000
- 2 percent on the next $800,000
- 1 percent on the next $9 million
- 0.5 percent on the next $15 million
- For all amounts above $25 million, the court will determine a “reasonable” level of compensation.