PROBATE SERVICES

Navigating the intricacies of the probate process in the Golden State can be daunting. Here at Your Home Legal, we're dedicated to guiding you every step of the way, making the journey as seamless as possible. Below is an overview of the California probate process, so you know what to expect.

The California Probate Process Simplified

  • What is Probate?

    Probate is the process you use after your loved one passes away to figure out who will receive the things and real estate owned by your loved one.

  • What's the Purpose?

    When there is a will, the court will confirm the will actually is a will and assist in making sure your loved one’s wishes are carried out. If there is NO will, the court will appoint someone to manage the estate and will inform you who receives your loved one’s estate.

  • Initiating the Probate Process

    The process begins at least 40 days after your loved one passes away. The petition is filed in the Superior Court in the California County where they lived. The initial filing fee is $435.

  • Notice Period

    Once the petition is filed, a notice must be published in a local newspaper and sent to all potential heirs and beneficiaries, giving them an opportunity to object.

  • Valuing the Estate

    The court-appointed representative is responsible for inventorying and appraising the deceased's assets. This figure determines how much the estate must pay in statutory attorneys’ fees and administrator fees. Check out our handy calculator on this page to estimate these fees.

  • Paying Debts and Taxes

    Before assets are distributed, the representative must settle any valid debts and ensure any estate taxes are paid.

  • Distribution of Assets

    After debts and taxes have been cleared, the remaining assets are distributed as per the will's instructions or California's intestacy laws if there's no will.

  • Closing the Estate

    Probate typically takes between 9-18 months to complete. With all tasks completed, the representative can petition the court to close the estate, thus completing the probate process. There is a final filing fee of $435.

CALIFORNIA PROBATE FEE CALCULATOR

Use the calculator below to estimate probate attorney’s fees and executor commission.

*For estates valued under $184,500, you do not need to use this calculator. Check out our resources for Small Estates below.

California Probate Fee Calculator

California Probate Fee Calculator

Probate Fees:
Statutory Attorney Fee: $0.00
Statutory Executor Fee: $0.00
Total Probate Fee:
Total: $0.00

If these fees are freaking you out and you don’t have your estate plan done - schedule a call with us to protect you and your family from having to pay these unnecessary fees and ensure your wishes are honored.

Schedule Your Estate Planning Call Here

FAQs

    • Real Estate

    • Business Interests

    • Bank Accounts

    • Investment Accounts

    • Personal Property

    There are some things that aren’t included in the probate estate - accounts with a named beneficiary, life insurance proceeds, and retirement accounts with a named beneficiary.

  • Depending on the complexity of the estate, it usually takes between 9-18 months to complete probate.

  • Absolutely! With proper estate planning, you can avoid probate. Proper estate planning includes a will and a trust (but it’s not quite this simple)

    If you’d like to learn more, schedule a call with us to discuss your estate plan to keep you out of probate.

  • 4% for the first $100,000,
    3% for the next $100,000,
    2% for the next $800,000,
    1% for the next $9,000,000 .5% for the next $15,000,000

    For all amounts above $25,000,000, the court will determine a reasonable compensation amount.

    Check out our probate fee calculator above to determine estimated probate fees.

    For estates under $184,500 - check out the FAQ section on Small Estates.

  • These items will help us be as efficient as possible, if you’re having trouble finding these - don’t worry, gather what you can and we’ll figure out the rest.

    • Will & Trust documents

    • Deeds, Title to vehicles, Insurance Policies

    • List of Assets

    • Original Death Certificate & Social Security Number

    • Contact information for beneficiaries

    • List of Creditors & account information

    • Tax Returns for the last three years

    Ready to get started? Schedule your Probate Discovery Call Today by clicking HERE.

  • For folks who died prior to April 1, 2022 the value of their estate must be less than $166,250.

    For folks who died on or after April 1, 2022, the value of their estate must be less than $184,500.

    We can help with your small estate needs too! Schedule a call today by clicking HERE to learn more.

Why Choose Your Home Legal for Your Probate Needs?

  • Experience: Our team of experts boasts decades of combined experience in California's probate laws.

  • Personalized Service: Every estate is unique. We tailor our services to meet your specific needs.

  • Transparent Pricing: No hidden costs. We ensure you understand our fees upfront.

SCHEDULE A DISCOVERY CALL NOW