Losing someone is hard enough. Navigating probate shouldn’t make it harder. When a loved one passes away, their estate often needs to go through probate — California’s court-supervised process for transferring assets, paying debts, and distributing inheritance to heirs.
I handle probate cases personally. From the initial petition through final distribution, you work with one attorney who knows every detail of your case, answers your calls directly, and keeps you informed at every stage.
What Is Probate?
Probate is the legal process of administering a deceased person’s estate under court supervision. In California, probate is generally required when the decedent owned assets valued over $184,500 that were not held in a trust, joint tenancy, or with a designated beneficiary.
Not every estate requires probate. Assets held in a living trust, jointly owned property with right of survivorship, retirement accounts and life insurance with named beneficiaries, and estates under the $184,500 threshold may qualify for a simplified Small Estate Affidavit procedure (California Probate Code §13100).
The Probate Process in California
1. Filing the Petition
The process begins by filing a Petition for Probate with the Superior Court in the county where the decedent lived. The petition requests appointment of a personal representative (executor if named in a will, administrator if not) and establishes the court’s jurisdiction over the estate.
2. Notice to Heirs and Creditors
California law requires formal notice to all heirs, beneficiaries, and known creditors. A notice must also be published in a local newspaper for a specified period, giving unknown creditors an opportunity to file claims.
3. Inventory and Appraisal
Within four months of appointment, the personal representative must file an inventory and appraisal of all estate assets. The court appoints a probate referee to appraise non-cash assets at fair market value.
4. Creditor Claims Period
Creditors have four months from the date of appointment (or 60 days from notice, whichever is later) to file claims against the estate. Valid claims must be paid from estate assets before distribution to heirs.
5. Estate Accounting
The personal representative must prepare a detailed accounting of all income, expenses, distributions, and asset transactions during the administration. This accounting is filed with the court and made available to all interested parties.
6. Final Distribution
Once all debts and taxes are paid, the personal representative petitions the court for final distribution of remaining assets to the heirs or beneficiaries according to the will — or according to California’s intestate succession laws if no valid will exists.
How Long Does Probate Take?
In California, probate typically takes 9 to 18 months. Factors that affect the timeline include:
- Complexity of estate assets (real property, business interests, out-of-state assets)
- Whether the will is contested
- Number and responsiveness of creditors
- Court calendar and county-specific processing times
- Disputes among heirs or beneficiaries
I keep you informed at every stage — you’ll always know exactly where your case stands, what’s coming next, and what decisions need to be made.
Probate Attorney Fees in California
California probate attorney fees are set by statute (Probate Code §10810) based on the gross value of the estate:
- 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
- 0.5% of the next $15,000,000
Extraordinary fees may apply for complex matters — litigation, tax issues, real property sales — and require court approval. I explain all fees upfront so there are no surprises.
Why Choose a Solo Practitioner for Probate?
At a large firm, your probate case is typically assigned to a junior associate, reviewed by a supervising partner, and managed by a paralegal. The attorney you met at your consultation may never touch your file again. Communication goes through layers of staff, and updates come only when you ask — or when a deadline forces action.
When you hire me, there are no layers. I handle your case from first filing to final distribution. I answer your calls. I prepare your documents. I appear in court. And I build a strategy tailored to your specific family, your specific estate, and your specific goals.