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Key Terms

Here are some important probate terms you’ll want to know:

  • Administrator: A person appointed by the probate court to manage the estate of someone who died without a will. 

  • Beneficiary: A person named by the decedent (in a trust or will) to inherit property.

  • Custodian of the Will: The person who has possession of the Will after the decedent dies.

  • Decedent: The person who died.

  • Decedent’s estate: All the property (real or personal) that a person owned at the time of death.

  • Devisee: A person named in a will to inherit the decedent's real property.

  • Executor: A person named in a Will and appointed by the Court to carry out the decedent's wishes.

  • Heir: A person who is legally entitled to inherit the decedent's property when there is no Will.

  • Intestate: When someone dies without leaving a Will.

  • Intestate succession: The order of who inherits the decedent's property when they die without a Will.

  • Legatees: A person named in a will to inherit the decedent's personal property.

  • Personal property: Things like cash, stocks, jewelry, clothing, furniture, art, or cars.

  • Personal representative: The person responsible for overseeing the distribution of the decedent's estate.

  • Probate: The process of deciding where, how, and to whom to distribute the decedent’s property.

  • Real property: Land and anything permanently attached to it, along with the rights and interests that come with owning it.

  • Testate: When someone dies with a Will.

  • Trust: A legal contract that allows you to transfer assets to a trustee to manage on your behalf, either before or after you die. Assets in a trust are usually not subject to probate court.

  • Trustee: A person or financial institution that manages a trust for the benefit of the trust's beneficiaries.

  • Trustor: The trustor is the person who creates and opens a trust, and is responsible for funding the trust, selecting beneficiaries, and setting the trust's terms. 

  • Will: A legal paper that lists a person’s wishes about what will happen to his/her property after death.

What is probate?

When an individual dies with (or without) a will, the estate will be subject to probate. Probate is a legal process in which the court appoints a Personal Representative to collect and safeguard all of the decedent’s property, arrange for the sale of any real property, and use the proceeds to pay off debts to legitimate creditors and distribute the remainder to the appropriate heirs or beneficiaries.

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Kyla helps Personal Representatives sell the decedent's real property with efficiency and competence so that the probate process can proceed without undue delay or stress. 

Couple Sitting with Financial Advisor
What are Statutory Probate Fees?

In California, probate fees are paid to the Personal Representative and their attorney (if applicable) for their services in managing and distributing an estate. These fees are paid separately to each individual as set forth in Probate Code 10810 and are assessed on the total value of the estate as follows:

  • 4% of the first $100,000 

  • 3% of the next $100,000

  • 2% of the next $800,000

  • 1% of the next $9,000,000

  • 0.5% of the next $15,000,000

  • For amounts above $25,000,000, the court will determine a reasonable compensation amount 

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Note: Courts have additional fees they assess on probate matters. Please review the fee schedules below for more information:​

As a licensed real estate agent, Kyla's commission is negotiable and will be determined with the Personal Representative. When escrow closes, the negotiated commission will be paid from the sale proceeds.

Probate Sale vs. Trust Sale

PROBATE SALE

  • The Court ​retains control over the sale, even though a real estate agent is typically hired to list the property. 

  • The Court sets the listing price, often with the help of the Probate Referee's home appraisal. 

  • The Executor/Administrator may accept the highest bid, but the sale is not official until the court approves it at the confirmation hearing (exception- if they have "full authority" to administer the estate then they do not need Court's approval).  

  • Decedent's family members and other interested parties (often creditors) must be notified of the sale and given a chance to comment on the terms. 

  • Usually more time consuming and expensive than Trust Sales.

TRUST SALE

  • Similar to a standard sale, but with different documentation.

  • Trustee (or trustees) has the authority to sell the home without first obtaining court approval, which saves time and money.

  • ​Property will be put on the market at the Trustee's discretion so the estate can receive as many competitive offers as possible when market conditions are optimal.

  • Although trusts are more expensive to develop (as opposed to a will), paying for the Trustee's hourly rate to administer the estate is typically less expensive than going through probate and paying the respective statutory fees.​

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