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California Probate Attorney

Probate in California follows one statewide set of rules, the California Probate Code, but each county’s Superior Court applies those rules through its own local procedures, calendars, and review practices. Whether an estate is in San Diego, Sacramento, or Fresno, the same questions come up: Is probate required? How long will it take? What will it cost? And who is going to keep the process moving?

I am Maksim Lamash, a California probate and trust attorney. My office is in Malibu, and I represent executors, administrators, trustees, and beneficiaries in probate matters in Superior Courts throughout California, appearing remotely where the court allows and in person when the matter requires it. I handle every case personally, in English.

When Is Probate Required in California?

Probate is the court-supervised process of settling a deceased person’s estate: proving the will (if there is one), appointing a personal representative, paying debts, and distributing what remains. Not every asset goes through probate. Property held in a living trust, accounts with a named beneficiary, and property held in joint tenancy generally pass outside of court.

For assets that do not pass automatically, California sets dollar limits for simplified procedures. For deaths on or after April 1, 2025:

  • Small estate affidavit: available when the gross value of the decedent’s property subject to probate in California does not exceed $208,850 and at least 40 days have passed since the death (Probate Code § 13100).
  • Primary residence petition: a successor can petition the court to transfer the decedent’s California primary residence without full probate if its gross value does not exceed $750,000 (Probate Code § 13151).
  • Surviving spouse or domestic partner: property passing to a surviving spouse can often be confirmed through a spousal property petition rather than a full probate.

When an estate exceeds these limits, a full probate is generally required. Given California property values, a house titled only in the decedent’s name is the most common reason families end up in probate court.

The California Probate Process, Step by Step

  1. Petition and hearing. A petition is filed in the Superior Court of the county where the decedent lived. Notice is published in a local newspaper and mailed to heirs and beneficiaries.
  2. Probate examiner review. Most larger courts have probate examiners or probate attorneys who review each petition before the hearing and publish notes listing any defects. Unresolved notes commonly lead to continuances, which is one of the main sources of delay.
  3. Letters. Once appointed, the personal representative receives letters testamentary or letters of administration, which give them legal authority to act for the estate.
  4. Creditor period. Creditors generally have until the later of four months after letters are first issued or 60 days after notice is mailed or delivered to them to file claims.
  5. Inventory and appraisal. Non-cash assets are appraised by a court-appointed probate referee.
  6. Administration. Debts and taxes are paid, and property may be sold. Many personal representatives obtain authority under the Independent Administration of Estates Act, which allows many actions, including real property sales with full authority, to proceed by Notice of Proposed Action instead of a separate court hearing.
  7. Accounting and final distribution. The personal representative petitions the court for approval of the accounting, fees, and distribution to heirs.

How Long Does Probate Take?

A straightforward California probate commonly takes 9 to 18 months. Contested matters, real estate sales, missing heirs, tax issues, and uncleared examiner notes can extend that. I explain the timeline in detail in How Long Does Probate Take in California?

California Statutory Probate Fees

California is one of the few states that sets ordinary probate fees by statute. The attorney for the personal representative (Probate Code § 10810) and the personal representative (Probate Code § 10800) are each entitled to compensation calculated on the same schedule:

Portion of the estate Rate
First $100,000 4%
Next $100,000 3%
Next $800,000 2%
Next $9,000,000 1%
Next $15,000,000 0.5%
Above $25,000,000 Reasonable amount set by the court

The fee base is the value of the estate accounted for, which is the inventory and appraisal value plus gains on sales and receipts, minus losses on sales, without subtracting mortgages or other debts. For example, an estate valued at $1,000,000 produces a statutory attorney fee of $23,000, and the same amount for the personal representative, even if the house carries a large mortgage. Extraordinary services, such as litigation or a complex sale, require separate court approval. More detail: How Much Does a Probate Attorney Cost in California?

Beyond Probate: Trusts, Disputes, and Protection

Probate Courts Across California

Each Superior Court has its own probate locations and practices. These pages explain local procedures:

California Probate FAQ

Which court handles probate? Generally the Superior Court of the county where the decedent was domiciled at death. If a non-resident owned California real estate, an ancillary proceeding is typically filed in the county where the property is located.

Can I handle a probate in another county without traveling there? Often, yes. Many Superior Courts allow remote appearances for probate hearings, subject to each court’s rules and deadlines for requesting them.

What if there is no will? California’s intestate succession rules decide who inherits. See What Happens When Someone Dies Without a Will in California?

Talk With a California Probate Attorney

Call me at (424) 355-5565 or send a message through the contact page. I will review the details personally and explain your options. You can also read more about me or browse the FAQ.

This page provides general information, not legal advice. Contacting Lamash Legacy Law does not create an attorney-client relationship.