What is probate and when is it required in California?
Probate is the court-supervised process of administering a deceased person's estate. In California, a full probate is generally required when probate assets exceed $208,850, subject to exclusions and available simplified procedures. The process includes validating the will, inventorying assets, paying debts and taxes, and distributing the remaining assets.
How long does the probate process take in California?
In California, probate typically takes between 9 to 18 months, though complex cases can take longer. Factors that affect the timeline include estate complexity, whether the will is contested, court schedules, and creditor claim periods. I keep you informed at every stage so you always know where things stand.
How much does a probate attorney cost 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, and 1% of the next $9,000,000. Additional extraordinary fees may apply for complex matters such as litigation, tax issues, or real property sales, and are subject to court approval.
Can I contest a trust or will in California?
Yes. In California, you can contest a trust or will if you believe it was created under undue influence, fraud, duress, or if the person lacked mental capacity at the time of signing. Trust contests must typically be filed within 120 days of receiving notice under Probate Code §16061.7. Will contests are filed during probate proceedings. Each case requires specific evidence and a tailored legal strategy.
What is the difference between probate and trust administration?
Probate is court-supervised administration of a deceased person's estate when assets are not held in a trust. It typically takes 9–18 months and involves court filings, hearings, and oversight. Trust administration happens outside of court — a successor trustee manages and distributes assets according to the trust's terms. Trust administration is generally faster and more private, but carries serious fiduciary responsibilities.
What are my rights as a trust beneficiary?
California law gives beneficiaries specific enforceable rights: the right to receive a copy of trust terms that affect your interest, the right to demand accountings of all trust transactions, the right to timely distribution of assets, and the right to petition for trustee removal if fiduciary duties are breached. If a trustee is withholding information or delaying distributions, you have legal remedies available.
What is financial elder abuse under California law?
Financial elder abuse occurs when someone takes, hides, or misuses an elderly person's (age 65+) money, property, or assets for wrongful use or with intent to defraud (Welfare & Institutions Code §15610.30). California provides enhanced civil remedies including recovery of stolen assets, attorney fee awards, and additional damages beyond the value of what was taken.
Why should I hire a solo practitioner instead of a large firm?
At a large firm, your case is often handled by junior associates and paralegals — the attorney you met at the consultation may never touch your file again. When you hire me, I personally handle every aspect of your case. You have direct access to your attorney at all times, and you're never passed between staff members who don't know your situation.
What happens if someone dies without a will in California?
When someone dies without a will (intestate), their assets are distributed according to California's intestate succession laws. Generally, the surviving spouse receives all community property and a share of separate property, with the remainder going to children, parents, or siblings depending on who survives the decedent. The estate still goes through probate — the court determines who inherits based on state law rather than a will.
What is the $208,850 threshold for California probate?
For deaths on or after April 1, 2025, qualifying personal property and other probate assets totaling $208,850 or less may be eligible for simplified transfer procedures. Eligibility depends on the type of property and other statutory requirements.
Can a California primary residence be transferred without full probate?
A qualifying decedent's California primary residence valued up to $750,000 may be transferred through a streamlined court petition instead of full probate. The procedure still requires a court filing and specific eligibility requirements must be met.
