California Probate Help

When someone dies, probate is the court process that pays their final bills and passes their property to the right people. We help executors and family members handle probate in Bay Area courts when the family agrees on the plan. If a will contest or other dispute goes to court, we refer you to a litigation attorney.

When is probate needed?

Probate is usually needed when someone dies owning property in their own name, with no living trust, joint owner or named beneficiary. California has simpler options for smaller estates:

- Personal property worth $208,850 or less (as of April 1, 2025) can often pass with a short affidavit, without going to court.

- A primary home worth $750,000 or less (before any mortgage) may qualify for a simpler court petition.

Most Bay Area homes are worth more than $750,000, so a full probate is common when there is no trust.

How probate works

1. Ask the court to appoint an executor or administrator.

2. Notify heirs and creditors. Creditors generally have four months after the appointment to file claims.

3. List and value the estate's property.

4. Pay valid debts, expenses and taxes.

5. Ask the court to approve the final distribution.

6. Transfer the property to the heirs and close the estate.

How long it takes

Within one year after appointment, the executor must ask the court to close the estate or file a status report. That deadline is 18 months if a federal estate tax return is required. Busy courts can take longer.

What it costs

California sets the attorney's fee and the executor's fee by law. Both are based on the estate's gross value, before any mortgage:

• 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

The attorney and the executor can each receive this amount. Court filing fees, newspaper notice and appraisal costs are extra. These are the amounts the law allows; we confirm our fee in writing before any work begins.

How to avoid probate

A living trust can keep your property out of probate, but only the property you actually move into the trust. Beneficiary designations, transfer-on-death deeds and joint ownership can also help. See California Wills and Trusts.