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Probates

Probates

Probates

Full Probate

A probate must be done through the court if someone who owns real property (or real estate) passes away without a Living Trust. Even if the decedent had a Will, the Will must be submitted to probate court before the property can be inherited.

Petition to Determine Succession

A Petition to Determine Succession to Real Property is a type of simplified probate that can only be done for estates under $184,500. An assessment by the Probate Referee may be needed prior to starting this process.

Spousal Property Petition

A Spousal Property Petition must be done in the event someone who owns real property (or real estate) passes away without adding their spouse’s name to the property title.

Probate Process Overview

  1. Schedule a consultation with PINK Legal—email, over the phone, virtually or in-person.
  2. Complete a questionnaire.
  3. Contract and remit PINK Legal service fee.
  4. Initial documents prepared.
  5. Initial documents reviewed, signed and filed with the Court—Court file fee or Fee Waiver due.
  6. Client to attend hearing at court.
  7. Remaining process will vary depending on type of probate. A full probate will require publication in an appropriate newspaper and assessment of the estate by a Probate Referee (additional fees will apply) as well as further document preparation.

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PINK Legal Service Fees:

  • Review/Discovery Matter – $150

  • Agreeable Full Probate – $5,500 (one asset) or $6,500 (multiple assets) (additional $1,200 for Petition for Special Administration)

  • Spousal Property Petition – $1,950

  • Petition to Determine Succession to Real Property – $1,950 (estates under $184,500)

  • Affidavit re: Real Property of Small Value – $1,200 (under $61,500)

  • Affidavit for Collection of Personal Property – $150 review/discovery, plus $350 (additional $50 for each additional asset)

  • Court File Fee – $435, plus nominal Court’s E-filing Convenience/Processing Fee (if any)

  • Lodge Will (if applicable) – $50

  • Publication Fee – varies by newspaper (estimate ~$200 – $400)

  • Probate Referee – varies depending on total value of the estate

  • Certified Copy of Order from Court – $25

  • Fee to Record Order – Varies by County

  • PLEASE NOTE: Additional fees may be charged if the probate becomes contested or if additional documents are needed.

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