If a loved one has passed away owning assets only in their own name — without a funded living trust — the estate will likely need to go through California probate before anything can be distributed to heirs. Here's what that process actually involves, and what to look for in a probate lawyer.

What Is Probate, Exactly?

Probate is the court-supervised process of validating a will (or applying intestate succession law if there isn't one), paying the deceased person's debts and taxes, and distributing the remaining assets to heirs. It's required any time a California decedent's estate exceeds the small estate threshold and assets weren't held in a trust or other probate-avoiding arrangement.

How Long Does California Probate Take?

Most California probate cases take 12 to 18 months from filing to final distribution, though contested or complex estates can take considerably longer. The process involves multiple required court hearings, notice periods, and waiting periods that cannot be rushed regardless of how simple the estate is.

What Does Probate Cost?

California sets statutory attorney and executor fees based on the gross valueof the estate (not the net value after debts), on a sliding percentage scale. For many estates this works out to roughly 4-7% of the estate's value in combined statutory fees alone — before court costs, appraisal fees, and other expenses.

What a Probate Lawyer Actually Does

• Files the petition to open probate and represents the executor/administrator in court
• Handles required notices to heirs, beneficiaries, and creditors
• Oversees the estate inventory and appraisal process
• Resolves creditor claims and tax obligations
• Prepares the final accounting and petition for distribution
• Represents the estate if a will contest or dispute arises

What to Look For When Hiring a Probate Lawyer

• Local court experience— every California county's probate court has its own local rules and practices
• Clear fee structure— understand upfront what's statutory and what, if anything, is additional (extraordinary fees)
• Responsiveness— probate involves many deadlines; you need a lawyer who communicates proactively, not reactively
• Experience with your estate's specific issues— real estate, business interests, or family disputes all require different expertise

Do You Actually Need Probate?

Here's something most families don't realize: not every estate needs full probate. California has simplified procedures for smaller estates, and many assets — jointly held property, accounts with a named beneficiary, assets already in a living trust — pass outside of probate entirely, regardless of estate size. Before assuming a full probate case is required, it's worth getting a clear picture of what you're actually dealing with.

Our free California Probate Calculator walks through the estate's assets and value to estimate whether probate is even required, and roughly what statutory fees would look like if it is.

Can Probate Be Avoided?

For the currentestate going through probate now, generally no — the decedent's planning (or lack of it) already determined this outcome. But this is exactly the lesson many families take forward: a properly funded living trust would have avoided probate entirely. If you're currently handling a loved one's probate, it's worth using the experience to set up your own trust-based plan.

Frequently Asked Questions

Do I need a lawyer to handle probate myself?

California does not strictly require an attorney for probate, but the process involves strict procedural and notice requirements, and mistakes can delay distribution by months or expose the executor to personal liability. Most families choose to work with a probate attorney.

What if there's no will?

The estate still goes through probate, but assets are distributed according to California's intestate succession laws rather than the decedent's wishes, and the court appoints an administrator instead of recognizing a named executor.

Is probate public record?

Yes. Probate filings, the estate inventory, and distributions become part of the public court record, which anyone can view — one of the key privacy differences compared to trust administration.