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Probate

Probate

Koller Herlihy LLP represents personal representatives and helps beneficiaries navigate the probate process.

In a probate, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative of the decedent to collect the assets, pay the debts and expenses, prepare an Inventory & Appraisal, prepare an accounting, and ultimately distribute the probate estate to the beneficiaries, all under the supervision of the court. The typical probate process takes between 9 months and 2 years.

In general, the fees an attorney is paid to represent an executor or administrator in the probate process are governed by a fee schedule set-forth in the Probate Code.  In addition, attorneys may be entitled to extraordinary fees, that need to be approved by the court, for non-routine issues that may arise during a probate, such as litigation.