Probate is the handling of an estate when someone, such as a family member or other loved one, passes away. Probate ensures that any outstanding creditors are paid and that assets are properly distributed to heirs and descendants. 

The legal process begins with a “petition” (request) to open the estate and formally name a personal representative who is responsible for the administration of the deceased’s property.  An Official Notice of Creditors is printed in a local newspaper and a Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims based on the date of first publication. The personal representative then pays the debt and distributes the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.  

The entire process typically takes six months and fees are based on the value of the estate. Under the state probate code, a million dollar home would generate approximately $44,000 in fees to attorneys and administrators.

For the last three years,  Mary Pat Toups has fought to ensure homeowners a straightforward deed transfer that would avoid Probate Court.  She has spent approximately $30,000 attending hearings, lobbying, mailing and launching a website. "The rumor in Sacramento was about a little old lady from Leisure World picking a fight with the state Bar; the rumor was true," Toups said. "I accused them to their face of guarding their wallet at the expense of their own clients and the expense of those who can't afford a lawyer. The reality is that probate and trusts are cash cows."

Assemblyman Chuck Devore (R-Irvine) is optimistic about the bill's prospects and expects action to resume on it in the Senate Judiciary Committee this January. If approved there, the legislation would move to the Senate for a vote and, if approved then to the Governor.