California Probate Attorney

Last updated: August 2026

Probate is the court process that transfers a person’s assets after they die. In California it takes most estates twelve to eighteen months, it is a public record, and the statutory fees are calculated on the gross value of the estate rather than on the work involved or the equity in it. Some estates avoid it through a trust or a simplified procedure; others cannot. Bay Legal, P.C. represents executors, administrators, heirs, and beneficiaries through California probate, and litigates the disputes that arise inside it.

Definition: Probate is the court-supervised process of validating a will, paying a decedent’s debts, and distributing the remaining assets to those entitled to them.

I consulted with him on an inheritance/probate matter. He was well-prepared and knowledgeable and quickly identified the key issues. He provided insightful legal advice that was also sensitive to the business and financial context.

— Colin B., Google review, June 2025. Attorney: Sivendra Ganesh Maraj.

This review reflects one client’s experience. Results depend on the facts and law of each individual case and do not guarantee or predict a similar outcome in your matter.

Does your family have to go through probate?

Not always, and this is the first question worth answering rather than the last. Probate is required where the decedent owned assets in their sole name, above the statutory thresholds, with no trust and no beneficiary designation directing them elsewhere.

Assets that bypass probate entirely, regardless of what the will says:

• Property held in a funded living trust
• Accounts with a payable-on-death or transfer-on-death designation
• Retirement accounts and life insurance with a living named beneficiary
• Real property held in joint tenancy, which passes to the surviving joint tenant
• Community property with right of survivorship

Two simplified procedures cover smaller estates. For deaths on or after 1 April 2025, personal property with a gross value up to $208,850 may be collected by affidavit under Probate Code section 13100, with no court involvement and a mandatory 40-day wait from the date of death. Separately, a primary residence worth up to $750,000 may pass by petition under section 13151, a change introduced by Assembly Bill 2016 that raised the previous limit substantially.

Date of death governs which threshold applies, not the date of filing. The amounts are adjusted on a three-year cycle, and the next adjustment falls in April 2028.

How much does probate cost in California?

More than most families expect, because of how the fee is calculated. Under Probate Code section 10810, statutory compensation for the attorney is a percentage of the gross value of the estate — not the net, and not the hours worked. Under section 10800, the personal representative is entitled to the same amount again on the same schedule.

Gross means the mortgage does not reduce the fee. A home worth $1.5 million with a $900,000 loan is a $1.5 million estate for fee purposes, and both the attorney and the representative are compensated on that figure. Court filing fees, publication, appraisal, and bond costs sit on top. This is the single strongest argument for a funded trust, and it is arithmetic rather than opinion.

How long does California probate take?

Twelve to eighteen months for a straightforward estate, and longer where there is a dispute, a sale of real property, or a tax issue. One period sets the floor: under Probate Code section 9100, creditors have four months from the issuance of Letters to file a claim, and the estate cannot be distributed until that window closes.

1. File the petition. Under Probate Code section 8000, a petition for probate is filed in the Superior Court of the county where the decedent lived. Anyone holding the original will must deliver it to the clerk within 30 days of death under section 8200.
2. Notice and publication. Heirs, beneficiaries, and named parties are served, and notice is published as required.
3. Hearing and appointment. The court admits the will and appoints the personal representative, who receives Letters authorising them to act.
4. Inventory and appraisal. Estate assets are identified and valued, with a probate referee appraising real property and other non-cash assets.
5. Creditor claims. The four-month window under section 9100 runs, and claims are allowed or rejected.
6. Administration. Debts and taxes are paid, property is managed or sold, and accountings are prepared.
7. Final distribution. The court approves the accounting, allows fees, and orders distribution to those entitled.

I had questions about some property that may be tied up in probate. Maraj did research online and answered all the questions I had. I did not feel rushed as we only had a short meeting window.

— Paula G., Google review, July 2025. Attorney: Sivendra Ganesh Maraj.

This review reflects one client’s experience. Results depend on the facts and law of each individual case and do not guarantee or predict a similar outcome in your matter.

What happens if there is no will?

The estate still goes through probate, and California decides who inherits. Probate Code section 6400 and following sets out intestate succession — a fixed order of relatives applied regardless of the decedent’s relationships with them. An unmarried partner inherits nothing. Stepchildren generally inherit nothing. A surviving spouse’s share depends on whether property was community or separate, so how assets were characterised during the marriage matters directly.

The court also appoints the administrator under a statutory priority order rather than choosing the person the decedent would have wanted. Intestacy does not save the estate any cost — the same fee schedule applies — it simply removes the decedent’s choices from the outcome.

What does probate litigation involve?

Disputes cluster into three kinds, and they often overlap in one estate.

Will and trust contests. Brought on grounds of lack of capacity, undue influence, fraud, forgery, or improper execution — not on disagreement with the distribution. A no-contest clause raises the stakes, but under Probate Code section 21310 and following California enforces such clauses narrowly, and a direct contest brought with probable cause is not penalised.

Fiduciary breach. Claims against an executor, administrator, or trustee for self-dealing, commingling, failing to account, or negligent management. Trust matters are brought by petition under Probate Code section 17200, which lets a trustee or beneficiary put almost any question about the internal affairs of a trust before the court.

Title and ownership disputes. Where property was left out of a trust, or where the estate and a third party both claim an asset, a petition under Probate Code section 850 can determine ownership — commonly used to confirm that property the decedent intended to hold in trust belongs there.

Is trust administration the same as probate?

No, and confusing the two costs successor trustees dearly. A funded trust avoids court supervision, but administration still carries legal duties on a timetable. Under Probate Code section 16061.7, when a revocable trust becomes irrevocable on the settlor’s death, the trustee must serve a formal notification on beneficiaries and heirs within 60 days. It must contain specified content, and it starts the limited period in which the trust may be contested. Missing it leaves that period open indefinitely.

Beyond the notification, a successor trustee has to identify and value assets, obtain a tax identification number, notify creditors and agencies, pay debts and taxes, prepare accountings, and distribute under the trust’s terms. A family member who accepted the role as a favour carries the same personal liability as a professional would.

Who handles probate at Bay Legal?

Sivendra Ganesh Maraj leads estate planning and probate. Rachael Berg handles probate litigation and trust administration disputes. Where a probate matter becomes contested litigation, the firm’s litigation group supports it under managing attorney Jayson R. Elliott and lead litigation attorney Evan Livingstone.

Scope. Bay Legal, P.C. provides legal representation and counsel for estates and trusts. The firm does not provide accounting, tax preparation, or tax filing services, and works alongside the family’s certified public accountant, financial planner, and the court-appointed probate referee for specialised financial requirements.

Probate is filed in the Superior Court of the county where the decedent lived. Bay Legal, P.C. serves clients statewide from offices in Palo Alto and Los Angeles, appearing in Santa Clara, San Mateo, Alameda, San Francisco, Contra Costa, Los Angeles, and Orange County among others, with virtual consultations, encrypted document sharing, and electronic signatures where that suits the family.

Explore Bay Legal’s probate services

• The California probate process — step by step, from petition to distribution
• Probate estate administration — the executor’s and administrator’s duties
• Creditor claims — the four-month window and how claims are handled
• Probate litigation — contests, fiduciary breach, and ownership disputes
• Trust administration — the successor trustee’s obligations
• Small estate affidavit — collecting assets without court
• California estate planning — avoiding all of this next time

Frequently Asked Questions

What does a California probate attorney do?

Guides executors and heirs through court-supervised administration: filing the petition, giving statutory notice, preparing the inventory and appraisal, handling creditor claims, calculating statutory fees, preparing accountings, and obtaining the order for distribution. Where heirs disagree, the same attorney may litigate a will contest or a fiduciary breach claim.

How do I know whether we have to go through probate?

Full administration is generally required where the decedent owned assets in their sole name above the statutory thresholds with no trust or beneficiary designation. For deaths on or after 1 April 2025, personal property up to $208,850 may pass by affidavit, and a primary residence up to $750,000 by petition. Date of death governs which figures apply.

How much does probate cost in California?

Statutory compensation under Probate Code section 10810 is a percentage of the gross estate — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then 1% — and the personal representative is entitled to the same again. Gross means the mortgage does not reduce it. Filing fees, publication, appraisal, and bond costs are additional.

How long does probate take?

Twelve to eighteen months for a straightforward estate. The creditor claim period under Probate Code section 9100 alone runs four months from the issuance of Letters, and the estate cannot be distributed until it closes. Disputes, real property sales, and tax issues extend it, sometimes by years.

What are the grounds for contesting a will in California?

Lack of testamentary capacity, undue influence, fraud, forgery, or improper execution — not disagreement with how assets were divided. A no-contest clause can deter a speculative challenge, but under Probate Code section 21310 and following California enforces such clauses narrowly and does not penalise a direct contest brought with probable cause.

How does a beneficiary prove a trustee breached their duty?

By showing the trustee departed from the trust’s terms or from their statutory duties. Common examples are self-dealing, commingling trust funds with personal funds, failing to provide required accountings, and negligent investment. Petitions concerning the internal affairs of a trust are brought under Probate Code section 17200.

Which assets pass outside probate?

Property held in a funded living trust, accounts with payable-on-death or transfer-on-death designations, retirement accounts and life insurance with a living named beneficiary, joint tenancy real property, and community property with right of survivorship. These transfer directly regardless of what the will says.

What happens if someone dies without a will in California?

The estate goes through probate and Probate Code section 6400 and following decides who inherits, applying a fixed order of relatives. An unmarried partner inherits nothing; stepchildren generally do not either. The court appoints the administrator under a statutory priority order. Intestacy saves no cost — the same fee schedule applies.

Is a successor trustee’s job the same as an executor’s?

Similar duties, different supervision. A trustee administers without court oversight but must serve the statutory notification on beneficiaries and heirs within 60 days of the settlor’s death under Probate Code section 16061.7, then value assets, pay debts and taxes, account, and distribute. The personal liability is the same as an executor’s.

Can property left out of a trust still avoid probate?

Sometimes. A petition under Probate Code section 850 can ask the court to confirm that an asset the decedent intended to hold in trust belongs to the trust. It is a court proceeding, so it is not free, but it is generally faster and cheaper than full administration of that asset.

Related Questions

Who can serve as executor in California?

Any competent adult the will nominates, subject to the court’s confirmation. Where there is no will, Probate Code priority governs, generally beginning with the surviving spouse and then the children. The court can decline to appoint someone unsuitable.

Does the executor get paid?

Yes. The personal representative is entitled to statutory compensation on the same percentage schedule as the attorney, calculated on the gross estate. Family members serving as executor sometimes waive it, particularly where they are also a beneficiary.

Can probate be avoided after someone has died?

Partly. If the estate qualifies for a small estate procedure, or if assets can be confirmed into an existing trust by a section 850 petition, full administration may be avoided. The options narrow considerably once someone has died, which is the argument for planning beforehand.

Is probate public?

Yes. The petition, the inventory of assets, the accountings, and the distribution order are court records available to anyone. Families who value privacy often find this the most unwelcome feature of probate, and it is one a trust avoids entirely.

What if the estate has more debts than assets?

It is administered as an insolvent estate, with creditors paid in the statutory priority order and beneficiaries receiving nothing. An executor who distributes to beneficiaries before resolving creditor claims can be personally liable.

Talk to a California probate attorney

Most families call after a death, when the paperwork has already started arriving and nobody is sure whether court is required at all. That first question — whether this estate needs probate — is usually answerable quickly, and the answer shapes everything after it. To discuss an estate with a Bay Legal attorney, call the office nearest you or email intake.

I worked with attorney Sivendra Maraj, who was very thorough. Sivendra answered all my questions and provided valuable legal advice. Sivendra has a passion for probate law.

— Won C., Google review, July 2025. Attorney: Sivendra Ganesh Maraj.

This review reflects one client’s experience. Results depend on the facts and law of each individual case and do not guarantee or predict a similar outcome in your matter.

Bay Legal, P.C. — serving California statewide

Northern California office

667 Lytton Ave Ste 3, Palo Alto, CA 94301

(650) 668-8000

Southern California office

3211 Cahuenga Blvd W Ste 212, Los Angeles, CA 90068

(213) 668-8000

Intake: intake@baylegal.com

Fax: (650) 963-0041

Website: https://baylegal.com

This page is general information about California law and does not constitute legal advice or create an attorney-client relationship. Bay Legal, P.C. does not provide tax advice. For advice on your specific situation, contact a licensed California attorney and a qualified tax professional.