California Probate: What Families Need to Know
Probate is the court-supervised process of settling a deceased person's estate — paying debts and distributing assets to heirs. In California, probate is required when a person dies with assets in their name alone (not held in a trust or with a beneficiary designation) totaling more than $184,500. It is a public process, and it takes time.
California probate takes 12 to 24 months on average and costs 4 to 8% of the gross estate value in statutory attorney and executor fees — even if the estate is simple. A living trust completely avoids this process.
Probate Petitions & Hearings
We handle all court filings, notices to creditors and heirs, inventory and appraisal coordination, and appearances before the probate court.
Trust Administration
When a loved one dies with a trust in place, we guide the trustee through every step: notifying beneficiaries, marshaling assets, paying debts, and distributing the estate.
Will Contest Defense
If a will or trust is challenged, we provide experienced representation to uphold the decedent's true wishes.
Estate Asset Management
We coordinate with real estate agents, financial institutions, and appraisers to protect and properly value estate assets throughout the process.
How to Avoid Probate in California
- Create a revocable living trust and transfer assets into it
- Add beneficiary designations to retirement accounts and life insurance
- Use joint tenancy or community property with right of survivorship for real property
- Establish payable-on-death (POD) and transfer-on-death (TOD) accounts for bank and brokerage accounts
- For small estates (under $184,500), a simplified affidavit procedure may be available
Our Probate Process
We manage every step so your family can focus on healing. Here is what to expect when you work with Maria.
Initial Consultation
We review the decedent's assets, any will or trust documents, and advise on the appropriate process.
Petition for Probate
We prepare and file the petition to open the probate estate with the Los Angeles Superior Court.
Creditor Notification
We publish the required legal notice and notify known creditors of the estate.
Inventory & Appraisal
We coordinate the court-appointed probate referee's appraisal of all estate assets.
Final Distribution
After paying valid debts and taxes, we prepare the final accounting and petition for distribution to heirs.
Frequently Asked Questions
Common questions from families facing probate in Encino and greater Los Angeles.
Simple estates can take 9 to 12 months. Complex estates, contested matters, or those involving real property often take 18 to 24 months or longer. Court scheduling and creditor notification periods are fixed by law and cannot be shortened.
California law sets statutory fees for both the attorney and the executor 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 million. On a $1 million estate, that is roughly $46,000 in combined fees — before extraordinary fees for complex matters.
No. Assets held in a living trust, accounts with beneficiary designations (like life insurance or IRAs), jointly held property with survivorship rights, and small estates under $184,500 can all avoid probate. A properly structured estate plan eliminates probate for most families.
Probate is a court-supervised process for estates without a trust. Trust administration is a private process conducted by the trustee — no court involvement required. Trust administration is faster, less expensive, and entirely private.
If someone dies "intestate" (without a will), California's intestacy laws determine how assets are distributed — typically to the spouse and children according to a statutory formula. The probate court will appoint an administrator. The result may not reflect what the deceased would have wanted.