Contra Costa — /aging-and-adult-services/public-administrator/

Source: https://ehsd.org/aging-and-adult-services/public-administrator/

Public Administrator

The Public Administrator’s office investigates and may administer the estates of individuals who were domiciled in Contra Costa County at the time of death and who die without a qualified person willing or able to assume the responsibility. The powers of the Public Administrator are mandated by the California Government and Probate Codes.

The primary duties of the Public Administrator are to:

Thoroughly search for next of kin;

Make final arrangements for the deceased when there are no known next of

kin;

Conduct thorough investigations to discover all assets belonging to the

decedent;

Protect the decedent's property from waste, loss or theft;

Notify creditors and pay debts if the estate is solvent; and

Pay the expenses of administration and distribute the balance of the estate

to the persons legally entitled to inherit.

Process

Investigation

The Public Administrator's office conducts an investigation after a referral is received and it is determined that the Public Administrator has jurisdiction over the investigation. Referrals are typically received from the Contra Costa County Coroner, hospitals and mortuaries.

During the investigation, the Public Administrator searches for next of kin, legal documents such as a will or trust and other assets.

If next of kin are able to handle the estate, it may be turned over to them. If no next of kin are located, the Public Administrator will proceed as appropriate.

ESTATE ADMINISTRATION

After the Public Administrator completes an investigation, a determination is made whether to open an estate. The Public Administrator administers estates pursuant to the provisions of the California Probate Code. When administering an estate, the Public Administrator will:

Collect and sell all estate property (real and personal);

Pay estate creditors and administration expenses; and

Distribute the balance of the estate to the persons legally entitled to inherit.

If the total value of the estate does not exceed $50,000, the estate does not have to be administered under supervision of the Court. The Public Administrator must petition the Court to administer estates valued at more than $50,000.

Contra Costa County Counsel is the attorney for the Public Administrator and acts on the Public Administrator's behalf for all court appearances, litigation matters and other legal work.

Contact Us

You may contact the Public Administrator's office at:

(925) 313-7990

[email protected].

FREQUENTLY ASKED QUESTIONS

How do I make a referral to the Public Administrator?

You may complete and electronically submit a referral form. Alternatively, you may print a referral form and email the completed form to [email protected] or fax the completed form to (925) 623-7096.

Email or fax the Public Administrator all relevant documents supporting the referral. Such documents may include: intake or admission forms and/or contact list.

How much are the Public Administrator’s fees?

The California Probate Code sets a statutory fee for the personal representative based on the value of the estate. The fee is calculated as follows:

4% of the first $100,000

3% of the next $100,000

2% of the next $800,000

1% of the next $9,000,000

The California Probate Code allows the Public Administrator a minimum fee of $3,000.

The California Probate Code also provides for statutory attorney fees based on the same fee schedule as that of the personal representative.

In addition to statutory fees for ordinary services, the court upon request may allow additional fees for extraordinary services (e.g., carrying on the decedent’s business, handling an audit connected with tax liabilities of the estate). These fees are based on the time spent performing the services and the hourly rate of the person performing the services.

How long does it take to administer an estate?

The time it takes to complete estate administration varies greatly depending on the complexity of the estate and the availability of the court. The process typically takes at least 12-24 months or longer to complete. Beneficiaries are cautioned not to plan their financial affairs upon the expectation of receiving a distribution of a certain amount at a specific time.

How does the Public Administrator sell estate property?

Real property is marketed and sold through licensed real estate agents. All real property is listed in the Multiple Listing Service (MLS) as part of the marketing process.

The Public Administrator sells personal property through various estate liquidators and auction houses.