Estate Planning Attorney

⚖️ Placer County Probate — Local Expert Guide

Someone Just Died in Roseville.
Do You Need Placer County Probate?

Most Roseville families don't know if they need probate, which court to file in, or what it's going to cost. This guide answers all of it — from a Certified Specialist who appears in Placer County Superior Court regularly.

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Do You Need Probate? Quick Decision Guide

Answer these questions to get a rough sense of whether Placer County probate is required.

Did they own real estate in their name alone?

Probably yes — real property titled solely in the decedent's name typically must pass through probate.

Was the gross estate over $208,450?

Probably yes — California Probate Code § 13100 requires probate for estates above this threshold.

Did they have a living trust AND was the home titled into it?

Probably NO probate needed — a properly funded trust avoids Placer County Superior Court entirely.

Was the estate under $208,450 with no real estate?

A Small Estate Affidavit may work — no court required, usable 40 days after death.

Not sure? These are starting points, not legal advice. The right answer depends on how assets were titled, beneficiary designations, and trust funding. Run a trustee risk audit or learn about Heggstad petitions if a trust exists but real property may not have been transferred into it.

Placer County Probate Courts — Two Locations

Most California probate guides miss this critical detail: Placer County operates two courthouses that handle probate matters. Roseville residents may file at either location, but assignment can change. Always confirm.

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South Placer Branch

Roseville Location

Address: 10820 Justice Center Drive, Roseville, CA 95678
Phone: (916) 408-6000
Hours: Monday–Friday, 8:00 AM–4:00 PM
Parking: Free parking lot adjacent to building

⚠️ As of 2026: Some probate matters have been reassigned to Auburn. Always confirm your case location before appearing.

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Main Courthouse

Auburn Location

Address: 101 Maple Street, Auburn, CA 95603
Phone: (530) 886-5610
Hours: Monday–Friday, 8:00 AM–4:00 PM
Parking: Free county lot off Nevada Street

💡 Call (530) 886-5610 or visit placer.courts.ca.gov to confirm which location handles your specific case.

Probate Fees for Roseville Estates

California Probate Code § 10810 sets statutory fees on gross estate value — not equity. If your Roseville home is worth $700,000 but has a $400,000 mortgage, fees are still calculated on $700,000.

Roseville Home Value	Attorney Fee	Executor Fee	Total Minimum
$500,000	$13,000	$13,000	$26,000+
$700,000	$19,000	$19,000	$38,000+
$900,000	$25,000	$25,000	$50,000+
$1,100,000	$29,000	$29,000	$58,000+
$1,500,000	$38,000	$38,000	$76,000+

Statutory fees per California Probate Code § 10810. Extraordinary fees (tax work, litigation, real estate sales) are additional. Both the attorney and the executor each receive the statutory fee independently.

Placer County Probate Timeline — Step by Step

Typical total: 12–18 months for Roseville and Placer County estates.

Stage 1:Gather Documents

Week 1

Collect the original will, death certificates, property deeds, financial account statements, and vehicle titles. Identify all assets and debts.

Stage 2:File Petition at Placer County Superior Court

Weeks 1–2

File the Petition for Probate at the Roseville or Auburn courthouse. Filing fee is approximately $465. Include the original will and death certificate.

Stage 3:Court Sets Hearing Date

Weeks 2–8

Placer County Superior Court schedules the initial probate hearing — typically 4 to 6 weeks from filing at either the Roseville or Auburn location.

Stage 4:Newspaper Publication

3 consecutive weeks

Notice of the petition must be published in a Placer County newspaper — the Auburn Journal or the Roseville Press-Tribune — for three consecutive weeks.

Stage 5:Initial Hearing — Letters Issued

Month 2–3

If the petition is uncontested, the court issues Letters Testamentary or Letters of Administration, granting legal authority to manage and distribute the estate.

Stage 6:Mandatory 4-Month Creditor Period

Months 3–7

California Probate Code § 9000 requires creditors be given at least four months to file claims. This period is mandatory and cannot be shortened for any reason.

Stage 7:Inventory and Appraisal

Months 3–6

The Placer County Probate Referee assigns an independent appraiser to value estate assets — typically real property, investments, and business interests.

Stage 8:Final Accounting and Petition for Distribution

Months 8–14

Prepare a detailed final accounting of all income, expenses, creditor payments, and proposed distribution amounts. File with the court.

Stage 9:Final Hearing and Distribution Order

Months 10–16

The court reviews the final accounting at a hearing. If approved, issues an order authorizing distribution to each beneficiary.

Stage 10:Record Deeds, Transfer Assets, Close Estate

Months 12–18

Record new deeds at the Placer County Recorder, transfer financial accounts, distribute assets, and file final documents to close the estate.

Total typical timeline: 12–18 months for most Roseville and Placer County estates. Contested cases or complex asset situations can extend to 2+ years.

Alternatives to Full Probate for Roseville Families

Depending on how the estate is structured, Roseville families may have faster, less expensive options.

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1. Small Estate Affidavit

Best for: Estates under $208,450 with no real property (California Probate Code § 13100).

No court filing required. A sworn affidavit may be used to collect assets from financial institutions and employers 40 days after the date of death. This is the simplest alternative available to Placer County families.

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2. Heggstad Petition

Best for: A trust exists but real property was never formally transferred into it.

A Heggstad petition asks the Placer County Superior Court to order the property into the trust based on the decedent's intent. This process typically takes 3–5 months — dramatically faster and cheaper than 12–18 months of full probate.

Learn more about Heggstad Petitions →

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3. Properly Funded Living Trust

Best for: Future planning — prevents probate entirely for the next generation.

A living trust funded during lifetime keeps Roseville estates entirely out of Placer County Superior Court. Trust administration is private, faster, and typically far less expensive than probate. This is the most effective long-term solution for Placer County homeowners.

Placer County Probate — Frequently Asked Questions

Where is the Placer County probate court for Roseville residents?

Roseville residents may file at the South Placer Branch at 10820 Justice Center Drive, Roseville, CA 95678, or at the main courthouse at 101 Maple Street, Auburn, CA 95603. As of 2026, some probate matters have been reassigned to Auburn — always confirm your specific case location by calling (530) 886-5610 or visiting placer.courts.ca.gov.

How long does probate take in Placer County in 2026?

Most Placer County probate cases take 12 to 18 months from the date of filing to final distribution. The mandatory 4-month creditor period under California Probate Code § 9000 is the single largest driver of that timeline and cannot be shortened by anyone — not the judge, not the parties, and not a stipulation.

How much does probate cost for a Roseville home?

California statutory fees under Probate Code § 10810 are calculated on gross estate value, not net equity. A Roseville home worth $700,000 with a $400,000 mortgage generates approximately $19,000 in attorney fees and $19,000 in executor fees — $38,000+ total — because fees are based on the full $700,000 value regardless of debt.

Can I avoid probate if my loved one had a trust?

Yes — if the living trust was properly created and the Roseville home was titled into the trust before death, probate is typically not required. Trust administration is a private process handled outside Placer County Superior Court. However, if the trust existed but the home was never transferred into it, you may need a Heggstad petition.

What if the trust existed but the home wasn't transferred into it?

This is one of the most common problems we see in Placer County estates. A Heggstad petition allows the court to order the property into the trust based on the decedent's clear intent to fund it. This process typically takes 3 to 5 months in Placer County — a fraction of the time and cost of full probate.

Does Placer County probate happen in Roseville or Auburn?

Both locations handle probate cases. The South Placer Branch in Roseville (10820 Justice Center Drive) and the Auburn main courthouse (101 Maple Street) both serve Placer County. Some cases have been reassigned to Auburn as of 2026 — always call (530) 886-5610 before appearing to confirm where your specific case is assigned.

What is the small estate affidavit threshold in California?

Under California Probate Code § 13100, estates with gross assets of $208,450 or less and no real property may qualify for the simplified Small Estate Affidavit procedure. No court filing is required. The affidavit may be used 40 days after the date of death to collect assets from financial institutions and employers.

How do I start probate in Placer County?

To begin Placer County probate, file a Petition for Probate at the Roseville or Auburn courthouse along with the original will (if any), a certified death certificate, and a filing fee of approximately $465. The court will set an initial hearing, typically 4 to 6 weeks out, and require publication in a local Placer County newspaper for three consecutive weeks.

Can I sell the house during Placer County probate?

Yes, but with conditions. The court-appointed executor or administrator may sell real estate during probate. If the executor has full authority under the Independent Administration of Estates Act (IAEA), court confirmation may not be required. Without full IAEA authority, the sale must go through a court confirmation hearing, adding time and complexity to the transaction.

How are Placer County probate attorney fees calculated?

California Probate Code § 10810 sets the statutory schedule: 4% on the first $100,000 of gross estate value; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9 million; and 0.5% on the next $15 million. Both the attorney and the executor each receive this fee independently. Additional "extraordinary" fees can be awarded by the court for tax work, litigation, or complex real estate transactions.

Need Help Navigating Placer County Probate?

We appear in Placer County Superior Court regularly — both the Roseville and Auburn locations. Whether you need to file a full probate, explore a Heggstad petition, or simply understand your options, call for a consultation with a Certified Specialist.