California Probate Attorneys
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California Probate Lawyer Referral and Information Service
HOME › CALIFORNIA ESTATE PLANNING LAWYERS > PROBATE
Last updated: May 2026 — Reflects California Probate Code provisions, updated small estate thresholds effective April 1, 2025, and the federal estate tax exemption as amended by the One Big Beautiful Bill Act (July 4, 2025).
Probate is the court-supervised process of administering a deceased person's estate — validating any will, identifying and appraising assets, paying creditors and taxes, and distributing the remaining assets to beneficiaries.
In California, formal probate is required when the gross value of the decedent's probate estate exceeds $208,850 (effective April 1, 2025, under Probate Code § 13100) and the assets are not held in a trust, do not pass by beneficiary designation, and are not held in joint tenancy.
California probate proceedings are filed in the Superior Court of the county where the decedent resided at death and are governed by the California Probate Code. The Los Angeles Superior Court Probate Division is one of the highest-volume probate courts in the country.
A typical formal California probate proceeding takes nine months to two years from filing to final distribution, depending on the complexity of the estate, the court's calendar, and whether the administration is contested.
The Cost of California Probate
California probate costs are among the highest in the country because both attorney fees and executor fees are set by statute based on the estate's gross value, not net equity after debts.
Under Probate Code § 10810, the attorney's ordinary compensation is calculated as:
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4% of the first $100,000
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3% of the next $100,000
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2% of the next $800,000
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1% of the next $9 million
The personal representative (executor or administrator) receives the same compensation under Probate Code § 10800. Because both the attorney and the executor receive statutory fees calculated separately, the combined cost is roughly double the single-fee schedule.
Statutory Fee Table
For a $1 million estate, statutory attorney and executor fees total approximately $46,000 — before court filing fees, probate referee appraisal fees, publication costs, and any extraordinary fee petitions for complex matters. Statutory fees are calculated on gross value, meaning a home worth $1.2 million with a $700,000 mortgage generates fees based on the full $1.2 million.
Extraordinary fees — available under Probate Code § 10811 — may be petitioned for services beyond ordinary administration, including sale of real property, litigation, tax matters, and business management during administration.
The California Probate Process — Step by Step
1. Petition for Probate. The personal representative files a Petition for Probate in the Superior Court of the county where the decedent resided. The court sets a hearing date — typically four to eight weeks from filing.
2. Appointment of Personal Representative. The court appoints the personal representative — either the executor named in the will, or an administrator if there is no will — and issues Letters Testamentary or Letters of Administration authorizing them to act on behalf of the estate.
3. Notice to Creditors. The personal representative publishes a Notice to Creditors in a local newspaper and notifies known creditors under Probate Code § 9050. Creditors have four months from the date of first publication or 60 days from actual notice — whichever is later — to file claims against the estate.
4. Inventory and Appraisal. All probate assets are inventoried and appraised by a court-appointed probate referee under Probate Code § 8800. The inventory establishes the gross estate value used to calculate statutory fees.
5. Estate Administration. The personal representative manages estate assets during administration — collecting income, paying valid creditor claims, filing the decedent's final income tax return, and in some cases filing an estate income tax return.
6. Petition for Final Distribution. After the creditor claim period has closed and estate obligations have been resolved, the personal representative petitions the court for final distribution, an accounting, and approval of statutory fees. The court schedules a hearing, reviews the accounting, and, if approved, issues an Order for Final Distribution.
7. Distribution to Beneficiaries. Assets are distributed to beneficiaries according to the will or, if there is no will, California's intestate succession laws under Probate Code § 6400 et seq.
Avoiding Probate in California
Several common legal structures allow California residents to transfer assets at death without probate:
Revocable Living Trust. Assets held in a properly funded revocable living trust pass directly to beneficiaries at death without court involvement. This is the most effective and comprehensive probate avoidance strategy for California residents with real property. See our California Estate Planning guide for a full explanation.
Beneficiary Designations. Life insurance, retirement accounts (401(k)s, IRAs), and pay-on-death or transfer-on-death bank and investment accounts pass directly to named beneficiaries and never enter probate.
Joint Tenancy. Property held in joint tenancy with right of survivorship passes automatically to the surviving owner at death without probate, through a simple affidavit of survivorship and death certificate recording.
Small Estate Procedures. California offers simplified alternatives when estates fall below statutory thresholds. The small estate affidavit under Probate Code § 13100 covers personal property up to $208,850. A separate petition under Probate Code § 13150 can transfer a decedent's primary residence valued up to $750,000 without full probate. Both procedures require a 40-day waiting period after the decedent's death.
For more details about avoiding probate, visit our California Estate Planning Guide.
Intestate Succession — Dying Without a Will
When a California resident dies without a valid will, the estate passes by intestate succession under Probate Code § 6400 et seq. The distribution formula depends on the nature of the assets and the surviving relatives:
Community property — all property acquired during marriage — passes entirely to the surviving spouse.
Separate property is distributed according to a statutory formula: entirely to the surviving spouse if there are no children; split between the spouse and children if there are one or more children; and further divided among parents, siblings, and more distant relatives if there is no surviving spouse or children.
Intestate succession cannot account for unmarried partners, close friends, stepchildren not legally adopted, or charitable intentions. A properly drafted estate plan is the only way to ensure assets pass according to the decedent's actual wishes.
Will Contests and Trust Litigation
Not all probate proceedings are uncontested. Will contests — formal challenges to the validity of a will — are filed in the probate court and may allege lack of testamentary capacity, undue influence, fraud, forgery, or improper execution under Probate Code § 8250. The burden of proof on a will contestant is a preponderance of the evidence.
Trust disputes — including trustee removal, breach of fiduciary duty claims, accounting demands, and challenges to trust amendments — are governed by the California Trust Law under Probate Code §§ 15000–19403 and are heard in the probate court.
An experienced probate litigation attorney evaluates the strength of a will contest or trust dispute claim at the outset, including the applicable no-contest clause under Probate Code § 21311, before recommending whether to proceed.
Conservatorships and Guardianships
A conservatorship is a court-supervised arrangement in which a conservator is appointed to manage the personal care or financial affairs — or both — of an adult who lacks the capacity to manage their own affairs. California conservatorships are governed by Probate Code § 1800 et seq.
A guardianship is the parallel proceeding for minors — a court-appointed guardian manages the personal care and/or estate of a child whose parents are deceased, incapacitated, or otherwise unable to provide care. Guardianships are governed by Probate Code § 1500 et seq.
Both conservatorships and guardianships require annual accountings to the court and ongoing court supervision. An experienced probate attorney manages the filing requirements, accounting obligations, and any contested proceedings that arise during the conservatorship or guardianship.
Frequently Asked Questions — California Probate
How long does probate take in California?
A straightforward, uncontested California probate typically takes nine months to eighteen months from filing to final distribution. The minimum timeline is driven by the four-month creditor claim period under Probate Code § 9100, court scheduling, and the time required to complete the inventory, appraisal, and final accounting.
Contested probate proceedings — will contests, creditor disputes, or litigation involving estate assets — can take two to four years or longer.
Do all estates have to go through probate in California?
No. Estates that pass entirely through a revocable living trust, beneficiary designations, joint tenancy, or simplified small estate procedures do not require formal probate. Formal probate is required only when the gross value of the decedent's
California probate assets exceed $208,850, and those assets are not covered by one of the probate avoidance mechanisms described above.
What is the difference between an executor and an administrator?
An executor is the person named in the decedent's will to serve as personal representative. An administrator is appointed by the court when there is no will, when the named executor is unable or unwilling to serve, or when the will does not name an executor.
Both have the same legal authority and responsibilities under the California Probate Code and receive the same statutory compensation under Probate Code § 10800.
Can I contest a will in California?
Yes. A will contest must be filed before the will is admitted to probate or within 120 days after the order admitting the will to probate under Probate Code § 8270. Grounds for contest include lack of testamentary capacity, undue influence, fraud, forgery, and improper execution.
Be aware that many California wills include no-contest clauses under Probate Code § 21311, which can cause a contestant who does not prevail to forfeit their inheritance. An experienced probate attorney evaluates the strength of a contest claim and the effect of any no-contest clause before filing.
What is the independent administration of estates in California?
The Independent Administration of Estates Act (IAEA) under Probate Code § 10400 et seq. allows a personal representative to take many routine estate administration actions — selling real property, paying debts, and distributing assets — without obtaining court approval for each action, as long as proper notice is given to beneficiaries.
Most California probate proceedings request IAEA authority at the outset to reduce the number of court appearances and shorten the administration timeline.
What happens to a California estate if there is no will and no surviving relatives?
If a California decedent dies intestate — without a will — and has no surviving spouse, children, parents, siblings, or other relatives within the statutory succession hierarchy, the estate escheats to the State of California under Probate Code § 6800.
The State Controller's Office administers escheated estates through the Unclaimed Property Program. This outcome underscores the importance of a valid estate plan regardless of the size of the estate.
DISCLOSURE: 1000Attorneys.com is a California State Bar–certified Lawyer Referral and Information Service (LRIS #0128), accredited by the American Bar Association. Attorney referrals are provided for general legal matters. We do not provide legal advice. The content on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Probate matters are time-sensitive and highly fact-specific. Consult a qualified California probate attorney before making any decisions about estate administration.
California Probate Attorney Referrals.
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These standards govern how attorneys are screened, how referrals are routed, and how client complaints are handled. Non-certified matching platforms and lead-generation services are not authorized to operate under this framework.
Most California families searching for a probate attorney following the death of a loved one encounter paid advertising first — sponsored results, document preparation services that provide forms without legal advice, and lead-generation platforms that sell contact information to multiple competing firms.
Each of these channels is, by design, biased toward the firms that pay the most to be visible. In probate proceedings — where statutory fees are calculated on the gross value of the estate and California's process can take one to two years — the attorney you choose affects both cost and timeline.
Inbound inquiries to 1000Attorneys.com pass through structured intake that captures the specific probate matter, the approximate gross value and composition of the estate, whether a will exists, whether real property is involved, whether the matter is contested, and any pending court deadlines.
Each qualified inquiry is assigned to a single panel attorney on a rotation basis — not auctioned, not sold, not distributed to multiple competing firms simultaneously.
The attorney accepts under independent retainer terms or declines.
The referral itself is free. There is no charge to consumers. Initial consultations with the referred attorney are typically conducted at no cost or at the State Bar–authorized nominal rate.
California probate attorney fees are set by statute under Probate Code § 10810 — a percentage schedule applied to the gross estate value that applies equally to the attorney and the personal representative.
There is no negotiation on ordinary statutory fees, though attorneys may agree to charge less. The referring attorney and the client negotiate directly on any extraordinary fee matters under independent retainer.
The California family navigating a loved one's estate who reaches this page has already taken the most important step. Being matched with a vetted, qualified California probate attorney takes about two minutes through our intake.
