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New California Probate Code Section 851

If you are utilizing California probate code 850 to do a Heggstad petition or other utilization of this broad code section be careful on your notice of hearing! As of January 1, 2018 there is a new California probate code section 851.

Probate Code

Prob C § 851. (a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable:

(1) The personal representative, conservator, guardian, or trustee as appropriate.

(2) Each person claiming an interest in, or having title to or possession of, the property.

(b) Except for those persons given notice pursuant to subdivision (a), notice of the hearing, together with a copy of the petition, shall be given as provided in Section 1220 if the matter concerns a decedent estate, as provided in Section 1460 if the matter concerns a conservatorship or guardianship, or as provided in Section 17203 if the matter concerns a trust to all of the following persons:

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Costs Of Probate In California: What You Need To Know In 2018

In California, if your assets are valued at $150,000 or more and they are not directed to beneficiaries through either a trust plan, beneficiary designation, or a surviving spouse, those assets are required to go through the probate process upon your incapacity or death.  Here are the costs you can expect if faced with probating an estate.

Court Fees

In Nevada County, for a “straightforward” probate, the largest court fees are incurred at the beginning and end of the process. The fee to file a probate petition is $435. Additionally, there will be a $435 filing fee to file the petition for final distribution of the estate assets. There will also be miscellaneous fees such as publication of the probate notice, fees associated with the probate referee, and fees for certified copies of court documents.  If the estate is more complicated or if there are disagreements between parties, additional court fees may be incurred.

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