Introduction

What Is Probate?

Probate is the court-supervised process for transferring a person's assets after death. It is necessary when that person's assets do not pass by trust, beneficiary designation, joint ownership, or another non-probate method.

The probate process has multiple purposes. First, the court wants to ensure that the right person has legal authority to administer the estate. Once that person is appointed, it is their job to ensure that valid debts are addressed, fees are paid, and remaining assets are distributed to the proper beneficiaries or heirs. In California, probate can involve court filings, notices, creditor issues, asset inventories, appraisals, tax coordination, court hearings and final distributions. It is often unfamiliar territory for families already dealing with grief and other responsibilities.

We can help you understand your responsibilities, avoid missed deadlines and reduce the risk of delays or disputes. We prepare filings, track court requirements, advise personal representatives of their fiduciary duties and help coordinate practical steps like appraisals, notices, deeds, accounting issues and final distributions.

The Process

What Does Probate Involve?

Every probate matter is unique, but most California probate administrations follow the same general process.
A typical probate takes 12 to 18 months to complete.

01

1. Initial Review

We help you by reviewing estate planning documents (if any), assets and debts to determine whether probate is required and identify the beneficiaries or heirs. We provide you with a Fee Agreement and retainer request for costs, and discuss any questions or concerns you may have.

02

2. Initial Tasks

We prepare and file the probate petition and required documents with the court. If a will is located, we lodge it with the court. We provide required notice to heirs, beneficiaries and interested parties, and publish a Notice of Petition to Administer Estate in a local newspaper.

6+ weeks
03

3. First Hearing and Appointment of Personal Representative

The court reviews the probate petition. We answer any of the court's questions, monitor the court docket, review the court's probate notes, and file any necessary "supplements" before the hearing date. If the court requires a bond, we help you with arranging one and file the necessary bond documents with the court. After court approval, you will receive legal authority to act on behalf of the estate. We request and receive the Letters Testamentary or Letters of Administration, and provide it to you.

2-4+ months
04

4. Inventory, Appraisal and Administration

We help you gather all estate assets, arrange appraisals with a court-appointed Probate Referee, manage and sell property, address creditor claims and coordinate tax and legal obligations. We prepare an Inventory and Appraisal to file with the court.

3-6+ months
05

5. Preparation of Final Petition and Accounting

Once the creditor claim period has expired, debts have been addressed, and the assets are ready to be distributed, we file the final report and accounting with the court. This report details every cent that was received or spent during the administration and asks the judge for permission to pay the personal representative and attorney fees, reimburse you for any expenses paid out of pocket, distribute the remaining assets to the beneficiaries or heirs, and keep a small reserve for anticipated future expenses.

6+ weeks
06

6. Final Hearing and Distributions

The court reviews the final petition and accounting. We answer any of the court's questions, review the court's probate notes, and file any necessary "supplements" before the hearing date. Once approved, we provide you with instructions regarding payments, reimbursements and distributions. We then file the signed Receipts of Distribution, and once all tasks are complete, we file the Petition for Final Discharge.

Get clear guidance through the probate process.

Schedule a complimentary consultation to discuss your matter and how we can help you navigate the probate process with confidence.

(650) 880-2388Schedule Your Complimentary Consultation
Timing

Why Does Probate Take So Long?

Even when an estate is straightforward and there is no family conflict, a standard California probate typically takes 12 to 18 months to close. In counties like San Francisco, Alameda and Los Angeles, it can easily stretch beyond two years. The lengthy process is usually caused by a combination of strict laws and administrative realities, including:

Our goal is to guide you through the probate process with efficiency and help you avoid any unnecessary delays in the process.

Pricing

How Probate Fees Work

California probate attorney fees are typically set by statute and are based on the gross value of the probate estate.

Probate Fee Calculator

Enter the estimated gross value of the probate estate, before subtracting debts, to calculate ordinary statutory attorney fees under California's probate fee schedule.

To calculate the gross estate, estimate the current value of each asset. Do not reduce the value to account for for debts or mortgages.

Attorney Fee$0
Representative Fee$0
Combined Estimate$0

This calculator estimates ordinary statutory fees only. It does not include court costs, probate referee fees, publication fees, extraordinary fees, taxes, creditor claims or other administration expenses.

During an initial consultation, we can discuss whether probate appears necessary, what the process may involve and what fee arrangement is likely to apply. Before moving forward, will explain the expected fee structure and present you with a fee agreement for your review and signature.

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