Q: Is there a way getting the house under someone's name cheaper, or we have no choice but to go with a probate attorney?

A: The answer to your question depends on what other assets your father had in his name only and whether your father had a trust, a will, or did no estate planning. A spousal property petition is certainly a good possibility. If you don’t want to use an attorney, you could try to draft the Petition yourself by going to the self-help center at your local courthouse to get the paperwork, but please know that, if it isn’t prepared in accordance with the law and local rules, the judge could reject it and make you re-write it. Self-Help centers can only hand you the paperwork; they cannot give you legal advice. Sorry about that. But only people who have passed the Bar Exam are authorized to practice law. Best wishes!

A: In addition to what has already been stated by a fellow attorney, also please know that if you do end up in Probate proceedings, the attorney's and executor's fees are based on statutory commissions as set by the Probate Code. Your attorney and the Executor will get paid at the end of the probate proceedings once the Estate is in a condition to be distributed and closed.

Hopefully the Spousal Property Petition is successful and you can avoid Probate. Generally speaking, a successful Spousal Property Petition must rebut the presumption of ownership as separate property by presenting certain facts.

Best of luck.

A: I'm very sorry for your loss. You do have some lower-cost options to pursue transferring the home before needing to pay thousands for a probate attorney:

1. If your father had a will leaving the home to a particular beneficiary, you can do an Affidavit Procedure to transfer title for less than $1,000 typically.

2. See if you qualify to use a Small Estate Affidavit - this also allows transfer without probate if the estate is under $166,250. Cost is around $1,000.

3. If those don't apply, you can pursue the Spousal Property Petition first as you are doing for only $4,500 - no need to pay probate lawyer fees upfront.

Ultimately if the spousal petition fails, probate may be necessary. But the court can authorize the sale of the home during probate to pay those attorney fees. And fees come out of the estate, not out-of-pocket first. So don't panic about having to pay tens of thousands upfront. Explore the small estate and affidavit options first before probate. Best of luck!