When there is no estate plan ("intestate") and/or the estate has more than $184,500.60 in probate assets (current California law), the decedent's estate must be filed in probate court especially if there is real property involved. Probate is also necessary when there is a Will or certain non-probate assets do not designate a beneficiary, such as an annuity or pension plan, retirement accounts, life insurance policies and shared bank accounts. The Court will monitor almost every move of the executor and the attorney during the Probate process including appointing the Executor, assessing and determining the decedent's assets, heirs, beneficiaries, accounting of property and approving the sale and/distribution of assets and/or real property. Under current California law and attorney and Executor can get paid the following minimum fees: 

• 4% of the first $100,000 of the gross value of the probate estate; 
• 3% of the next $100,000; 2% of the next $800,000; 
• 1% of the next $9 million; 
• 5% of the next $15 million and a reasonable amount (determined by the court) for any amounts higher than $25 million.