Probate

Probate is the court-supervised process of administering a decedent's estate. If the aggregate value of the assets in the decedent's name at the time of his or her death exceeds the California "small estate" threshold (currently $208,850), those assets must be probated. Assets held in a trust, assets that pass by operation of law and assets that pass by way of a beneficiary designation are not subject to probate. Having a will does not avoid probate. 

When a probate is required, the executor named in the will or some other interested person files a petition with the court requesting the judge to appoint him or her as the "personal representative" of the estate. The term "personal representative" includes executors and administrators. An "executor" is the person designated in a will to administer a decedent's estate. An "administrator" is appointed to administer an estate when either there is no will, an executor has not been named in a will, or the person named in the will as executor is unable to act.

Mr. Kaster has extensive experience representing executors and administrators in probate cases. He is also a probate referee for the Contra Costa County Superior Court.