Probate

Q: How long does probate take in California?

California probate typically takes 12-18 months but can take longer for complex estates or if disputes arise. The process involves multiple court hearings, creditor notification periods, and various waiting periods mandated by law.

Q: Can probate be avoided in California?

Yes. Probate can be avoided through proper estate planning including living trusts, joint ownership, beneficiary designations, and other transfer methods. Assets passing outside of probate avoid the time, cost, and publicity of court proceedings.

When a person dies, his or her estate executor or administrator is in charge of paying outstanding debts and distributing all remaining assets to beneficiaries as designated in the deceased’s will. This is done by means of a court process referred to as probate, which can be quite time-consuming.

At Absolute Trust Counsel, we want to simplify this process for you as much as possible. With decades of experience, we are well-acquainted with California probate laws and can be a valuable asset to families during what can potentially be a very challenging time.

As you can imagine, all of this is difficult enough without the added grief of coping with the loss of a loved one. Fortunately, you do not have to go through the California probate court system alone. As probate attorneys, we are here to help you, and will shepherd you and your family through the process with sensitivity and compassion.

Frequently Asked Questions About Probate

What is probate, and when is it required in California? Probate is the court-supervised process of administering a deceased person’s estate. In California, probate is generally required if the decedent owned assets worth more than $208,850 in their individual name. Exempted from this number is a primary residence with a fair market value of $750,000 or less.

How long does probate take in California? California probate typically takes 12-18 months, but can take longer for complex estates or if disputes arise. The process involves multiple court hearings, creditor notification periods, and various waiting periods mandated by law.

How much does probate cost in California? California probate fees are set by statute based on the gross value of the estate. For a $1 million estate, statutory fees alone would be approximately $46,000, plus additional costs for appraisals, court fees, and other expenses.

Can probate be avoided in California? Yes. Probate can be avoided through proper estate planning, including living trusts, joint ownership, beneficiary designations, and other transfer methods. Assets passing outside of probate avoid the time, cost, and publicity of court proceedings.

What is the role of the probate executor? The executor (personal representative) manages the probate process, including gathering assets, paying debts and taxes, notifying creditors and beneficiaries, producing an accounting to the court and the beneficiaries, and distributing assets according to the will or intestacy laws, all under court supervision.

Free Resources

Get the background information you need and make informed decisions at every turn with our library of tools and resources on probate at your disposal. Because as your trusted probate attorney, Absolute Trust Counsel is with you every step of the way.