When someone passes away without a living trust, their estate must go through probate—a court-supervised process to transfer assets to heirs. As an experienced Sacramento probate attorney, I guide executors and families through every step.

What is Probate?

Probate is the legal process of:

• Validating the deceased person's will (or determining heirs if no will exists)
• Appointing an executor or administrator
• Identifying and valuing all assets
• Paying debts, taxes, and final expenses
• Distributing remaining assets to beneficiaries

How Long Does Probate Take in California?

Most California probate cases take 12-18 months. Complex estates with disputes, out-of-state property, or unclear beneficiaries can take 2+ years.

How Much Does Probate Cost?

California probate fees are set by statute based on the estate's gross value (not net value):

• $500,000 estate: ~$26,000 in fees
• $1,000,000 estate: ~$46,000 in fees
• $2,000,000 estate: ~$76,000 in fees

This includes attorney fees, executor fees, court costs, and appraisal fees. A living trust avoids these costs entirely.

Do You Need a Probate Attorney?

While not legally required, California probate is complex. Most executors hire an attorney to navigate court filings, creditor claims, asset distribution, accounting requirements, and potential disputes. Mistakes can delay the process by months or expose you to personal liability.

Small Estate Procedures

If the estate is under present amounts set by the state, you may qualify for simplified procedures:

• Affidavit for Real Property: Transfer real estate without court
• Affidavit for Personal Property: Collect bank accounts, vehicles, etc.

Common Questions

What if the deceased had no will?

California's intestate succession laws determine who inherits. Probate is still required, but the court appoints an administrator instead of recognizing an executor named in a will.

Can we avoid probate?

Yes—with a living trust. Assets in a trust bypass probate entirely, saving your family time, money, and stress.

What are my duties as executor?

Executors must inventory assets, pay debts and taxes, distribute property, and file required court documents. I guide you through each step to ensure everything is done correctly and on time.