Understanding Probate
What happens when a loved one passes without a trust.
Probate is the legal process of administering the estate of a deceased person — resolving all claims and distributing the deceased person's property under their valid will, or according to California law if there is no will. An executor (with a will) or an administrator (without a will) is appointed by the court to collect assets, pay debts and expenses, and distribute the remainder to beneficiaries — all under court supervision.
If a person dies with substantial assets and no trust, the estate goes through the probate court before assets are distributed. The probate process is challenging, intricate, and requires careful attention — especially at a time when a family is grieving.
Venue matters. A California probate is generally filed in the county where the decedent resided. If the decedent lived outside California but owned California property, venue generally follows the county where that property is located.
For Los Angeles County matters, attorneys generally e-file most probate documents, but exceptions apply. Original documents and hearings may require special handling under the court's current filing and appearance procedures.
The California Probate Process — Step by Step
Confirm Venue and File the Petition
Venue generally follows the county where the decedent resided, or the California county where a nonresident owned property. After filing in the proper Superior Court, a hearing is set and an executor or administrator may be appointed.
Publish Notice to Creditors
Notice of the probate is published. Creditors have four months after publication (or 60 days after actual notice, whichever is later) to file claims against the estate.
Inventory and Appraisal
All estate assets are inventoried and appraised by a Probate Referee. This establishes the gross value of the estate, which determines attorney fees.
Pay Debts, Taxes, and Expenses
All valid creditor claims, administrative expenses, and applicable taxes are paid from estate assets before any distribution to heirs.
File Accounting with the Court
A formal accounting of all assets received and disbursed must be filed with and approved by the court before distribution.
Distribution to Beneficiaries
After court approval, remaining assets are distributed to beneficiaries. The estate is then closed. Total time: typically 9–18 months, sometimes longer.
California Probate Fees
California Probate Code section 10810 sets the maximum statutory attorney fees. Note: debts are not deducted from the estate value for fee calculation purposes. A home appraised at $1,000,000 with an $800,000 mortgage is still a $1,000,000 asset for calculating probate fees.
| Estate Value | Attorney Fee Rate | Fee on That Portion |
|---|---|---|
| First $100,000 | 4% | $4,000 |
| Next $100,000 | 3% | $3,000 |
| Next $800,000 | 2% | Up to $16,000 |
| Next $9,000,000 | 1% | Up to $90,000 |
| Next $15,000,000 | 0.5% | Up to $75,000 |
| Plus court costs (typical) | $1,000–$3,000 | |
Higher fees can be ordered by the court for more complicated estates. The executor or administrator receives the same statutory fee as the attorney. For a $1M home, total fees alone (attorney + personal representative) can easily exceed $40,000.
What makes probate take longer
- Many beneficiaries or beneficiaries who cannot be located
- A will contest — which must be resolved before the estate can be distributed, sometimes taking years
- Disputes among beneficiaries about the administrator, accounting accuracy, or asset distribution
- A taxable estate requiring federal estate tax filings
- Unusual assets such as a business, oil rights, or large collections requiring special appraisal
The disadvantages of probate — in plain terms
Without a Trust — Probate
- Takes 9–18+ months minimum
- Costs 4–10% of gross estate in fees
- Fully public — anyone can see your assets
- Invites contest from unhappy relatives
- Assets are frozen during the process
- Court controls distribution timing
- Predators can learn of inheritances
With a Proper Living Trust
- No probate court involvement
- Assets distributed within weeks
- Completely private document
- Much harder to contest
- No asset freeze
- Trustee distributes directly
- Family is protected from predators
If a loved one has already passed
If a family member has passed without a trust and their estate must go through probate, we can help you administer the will and make the process as painless and efficient as possible. We handle the paperwork, court filings, creditor notices, inventory coordination, accounting, and distribution — guiding you through each step so you can focus on your family.
Contact us as soon as possible. There are time-sensitive deadlines in the probate process, and delays can create complications.