California Probate & Trust Administration Attorney

Probate Administration

When someone dies with assets in their name alone, California law often requires a court-supervised probate. We guide executors and administrators through each step, with or without a will:

• Filing the petition and obtaining Letters from the court
• Notifying heirs, beneficiaries and creditors
• Inventorying and appraising estate assets
• Handling creditor claims and the estate’s final tax returns
• Preparing the accounting and distributing the estate

Trust Administration

A living trust avoids probate, but the successor trustee still has legal duties to carry out. We help trustees notify beneficiaries as required by Probate Code section 16061.7, value and manage trust assets, address taxes and creditor claims, and distribute the trust correctly and on time.

Real Property in Probate

For many California families, the home is the largest asset in the estate. We handle selling, transferring or distributing real estate through probate, and we coordinate with realtors, appraisers and the court.

Flat-Fee Estate Services

Some estates do not need a full probate. We offer flat fees for:

• Spousal and domestic partner property petitions to transfer property to a surviving spouse or registered domestic partner without full probate.
• Small estate affidavits and primary residence petitions, simplified procedures for qualifying estates and family homes.
• Petitions to transfer assets into a trust (Heggstad petitions) for assets that were never formally retitled into the trust.

Contact us to find out which option fits your situation.

How Are Probate Fees Calculated?

In a California probate, attorney fees for ordinary services are set by statute (Probate Code section 10810) as a percentage of the estate’s gross value and are paid from the estate with court approval, not out of the executor’s pocket. See how the statutory fees are calculated.

Frequently Asked Questions

Does every estate in California need probate?

No. Assets held in a living trust, joint tenancy property and accounts with named beneficiaries generally pass outside probate, and smaller estates may qualify for simplified procedures. We can review the assets and tell you which process applies.

How long does probate take in California?

A typical uncontested probate takes about a year or longer, depending on the court, the assets and whether a property sale is involved.

I am the successor trustee. What do I do first?

Secure the trust assets, locate the trust documents and the death certificate, and talk to an attorney before distributing anything. Trustees have notice deadlines and personal duties under California law.

Can you help if I live outside California?

Yes. Out-of-state executors and trustees can work with us by Zoom and phone while we handle the California court and property matters.

Frequently Asked Questions

Does a will avoid probate in California?

No. A will tells the court who should receive your property, but assets passing under a will generally still go through probate unless the estate qualifies for a small estate procedure.

How long does probate take in California?

Commonly a year or more, and longer if there are disputes, real estate sales or tax issues.

Is a living trust expensive?

Our trust-based plans are $3,500 for an individual and $4,500 for a couple, typically a fraction of the statutory probate fees on a California home.

Can I avoid probate if I already have a trust?

Yes, if the trust is properly funded. We can review an existing trust and help transfer any assets that were left out.