After a Death
Help for Families Navigating a Loved One's Estate
When someone dies without a trust, their estate goes through probate — a court-supervised process that is public, slow, and expensive. We help families understand what comes next and get through it.
Schedule a ConsultationWhat probate costs in California
California sets statutory fees for probate attorneys and executors by statute. These are minimums, not maximums.
| Estate value | Attorney fee | Executor fee |
|---|---|---|
| $500,000 | $13,000 | $13,000 |
| $1,000,000 | $23,000 | $23,000 |
| $1,500,000 | $28,000 | $28,000 |
| $2,000,000 | $33,000 | $33,000 |
Based on gross estate value, not net equity. A $1.5M home with a $600k mortgage is still a $1.5M estate for probate fee purposes.
A living trust eliminates this cost entirely
Assets in a properly funded trust pass to beneficiaries without court involvement. No statutory fees. No waiting period. No public record.
California probate timeline
File petition
Week 1-2Petition filed with the Superior Court. Hearing scheduled 4-8 weeks out.
Notice period
Weeks 2-16Creditors notified. 4-month creditor claim period begins.
Inventory & appraisal
Months 2-4Court-appointed referee appraises estate assets.
Pay debts & taxes
Months 4-9Estate debts, taxes, and expenses settled.
Petition to distribute
Months 9-12Final accounting filed. Court approves distribution.
Distribution
Month 12-18+Assets distributed to heirs. Court discharges executor.
Frequently asked questions
What assets go through probate in California?
Assets titled in the decedent's name alone with no beneficiary designation go through probate. This typically includes real property, bank accounts, and personal property above $184,500 in total gross value. Assets held in a trust, jointly owned property with right of survivorship, and accounts with named beneficiaries (IRAs, life insurance, 401(k)s) generally do not go through probate.
How much does probate cost in California?
California sets statutory attorney and executor fees as a percentage of the gross estate value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% above that. On a $1 million estate, statutory fees are $23,000 each for the attorney and executor, $46,000 total, before any extraordinary fees.
How long does probate take in California?
A straightforward probate in California typically takes 12 to 18 months. Contested estates, complex assets, or court backlog can push this to two years or more. The 4-month creditor claim period alone prevents any faster resolution.
Can probate be avoided entirely?
Yes, for most families. A revocable living trust is the primary tool. Assets titled in the trust pass to beneficiaries without court involvement. Accounts with named beneficiaries and jointly held property also bypass probate. Proper planning makes this work: titling assets correctly and funding the trust.
My family member died without a trust. What now?
If the estate exceeds $184,500 in gross value, probate is likely required. The first step is determining what assets exist, how they are titled, and whether any bypass probate by beneficiary designation or joint tenancy. From there, a petition is filed with the Superior Court in the county where the decedent lived.
Avoid probate with a living trust
Schedule a consultation to discuss whether a trust is the right step for your family.