2026 Estate Administration Attorney Guide

Quick answer: In California, an estate administration attorney guides the executor or trustee through every legal step after a death — filing the probate petition, notifying creditors, inventorying assets, paying debts and taxes, and distributing what remains. For trust administrations, the attorney also ensures the trustee meets the strict 60-day notice deadline under Probate Code section 16061.7. Without that guidance, personal liability for the executor or trustee is a real risk.

When someone you love dies, the legal paperwork starts almost immediately. There are deadlines to meet, creditors to notify, court forms to file, and a lineup of beneficiaries waiting to hear what happens next. Most people have never done any of this before. An attorney who handles estate and trust administration every day does this work constantly, and the difference between getting it right and making a costly error often comes down to whether you have one in your corner.

This article walks through what estate administration in California actually involves, where attorneys add the most value, and what to ask before hiring one.

What Estate Administration Means in California

Estate administration is the process of settling a deceased person’s financial affairs: collecting assets, paying valid debts, filing required tax returns, and transferring what is left to the right people. The specific procedure depends on how the person held their assets.

If the person owned assets solely in their own name (no joint tenancy, no beneficiary designation, no trust), those assets generally go through probate, a court-supervised process governed by the California Probate Code. If the person used a living trust, most assets can pass outside of probate through trust administration, which is faster and more private but still has its own legal requirements.

Probate is required in California when the gross value of assets subject to probate exceeds $208,850 (as of April 1, 2025, under Probate Code section 13100). Below that threshold, heirs can use a simpler affidavit procedure. Separately, AB 2016 (effective April 1, 2025) allows real property valued at $750,000 or less to transfer to heirs through a court petition without opening full probate.

The Attorney’s Role in Probate

Opening the Estate with the Court

Probate begins with filing a petition in the Superior Court of the county where the deceased lived. The court schedules a hearing, appoints a personal representative (called an executor if named in a will, or an administrator if not), and issues “Letters Testamentary” or “Letters of Administration,” the legal document that lets the personal representative act on behalf of the estate.

An attorney prepares the petition, files it correctly, and appears at the hearing. Errors in the paperwork cause delays; in a process that already takes 12 to 18 months on average (and longer for contested estates), delays matter.

Inventory, Appraisal, and Creditor Notice

Once appointed, the personal representative must file an inventory of the estate’s assets. Real property and certain other assets require appraisal by a probate referee, a court-appointed appraiser. The attorney coordinates that process and ensures the inventory is filed on time.

The personal representative must also publish a creditor notice in a local newspaper, a formal step required by Probate Code section 9050. Creditors then have four months from the date of the first notice publication (or 60 days from the date they receive actual notice, whichever is later) to file claims. An attorney tracks those deadlines, evaluates which claims are valid, and advises the personal representative on which to pay and which to reject.

A personal representative who distributes assets before settling legitimate debts can be held personally liable. That risk alone is a strong argument for having counsel throughout the process.

Statutory Attorney Fees in California Probate

California sets attorney fees for ordinary probate services by statute. Under Probate Code section 10810, the fee schedule is:

• 4% of the first $100,000 of the gross estate
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9 million
• 0.5% of the next $15 million

These fees are calculated on the gross estate value; mortgages and debts do not reduce the base. The personal representative receives the same fee schedule under Probate Code section 10800. Courts can approve additional fees for extraordinary services such as contested claims, tax disputes, or real estate sales. For a $600,000 estate, the ordinary statutory attorney fee comes to roughly $14,000.

The Attorney’s Role in Trust Administration

A properly funded living trust avoids probate, but it does not avoid administration. After the settlor (the person who created the trust) dies, the successor trustee must carry out a formal process, and California imposes strict deadlines.

The 60-Day Notice Requirement

Under Probate Code section 16061.7, a trustee must serve written notice on each beneficiary and each heir of the deceased settlor within 60 days of the date the trustee becomes aware that the trust has become irrevocable. The notice must include the trust’s date of execution, the name and contact information of each trustee, and an explanation of the beneficiary’s right to contest the trust.

Missing this deadline is serious. If notice is never served, the 120-day period for beneficiaries to contest the trust never starts running, meaning potential challenges can arise indefinitely. An attorney drafts and serves this notice correctly from the start.

Trustee Duties Under California Law

Probate Code section 16000 requires a trustee to administer the trust in accordance with its terms and the law. Specific duties include:

• Acting solely in the interest of the beneficiaries
• Dealing impartially with multiple beneficiaries who may have competing interests
• Keeping detailed records and providing accountings
• Investing trust assets prudently under the California Prudent Investor Act
• Notifying beneficiaries of changes in trustee and other material events

A trustee who breaches these duties can be removed by the court and held liable for any resulting loss to the trust. Attorneys advise trustees on each of these obligations so they do not inadvertently step outside the law.

Distributing Assets and Closing the Trust

Before assets can be distributed, the trustee must identify and pay valid debts, file any required income or estate tax returns, and prepare a final accounting. An attorney ensures the accounting is accurate and that distributions match the trust’s terms. For real property, they handle the deed transfers. For investment accounts, they coordinate with financial institutions on the paperwork needed to retitle assets.

Tax Considerations in California Estate Administration

California has no state estate tax. At the federal level, the estate tax exemption is $15 million per person ($30 million for a married couple) as of January 1, 2026, under the One Big Beautiful Budget Act, and that amount adjusts for inflation starting in 2027. For most California families, this means no federal estate tax exposure.

Even without estate tax, there are other tax filings. The personal representative or trustee must typically file a final income tax return for the decedent (IRS Form 1040), and potentially a fiduciary income tax return for the estate or trust itself (IRS Form 1041, California Form 541) if the estate or trust earns income during administration. An attorney works alongside the CPA or accountant to ensure these are filed on time.

When Disputes Arise

Estate and trust disputes are more common than most families expect. A beneficiary may challenge the validity of a will based on alleged undue influence or lack of mental capacity. Multiple heirs may disagree over whether a specific asset should be sold or kept. A creditor may file a claim that the personal representative believes is inflated or invalid.

An attorney can often resolve these disputes through negotiation or mediation before they reach the courtroom. If litigation is unavoidable, the attorney represents the executor, trustee, or beneficiary in the Superior Court proceeding. Either way, having counsel who knows the substantive law, and who has been through similar disputes, matters.

What to Look for When Hiring an Estate Administration Attorney

Not every estate planning attorney handles administration. Before hiring anyone, ask directly:

• How many California probate or trust administrations have you handled in the last two years?
• Do you handle the matter yourself, or does it go to a paralegal or associate?
• What is your fee structure: statutory fee, hourly, or flat fee?
• What is your typical timeline for a case like mine?

Fee transparency matters. In probate, statutory fees are set by law, but you should understand what qualifies as an “extraordinary service” that could add to the bill. In trust administration, attorneys may charge hourly or a flat fee; get that in writing before work begins.

How Estate Planning Reduces the Administration Burden

The most effective way to simplify administration is to plan ahead. A well-drafted and fully funded estate plan, one where the living trust actually holds the assets, beneficiary designations are current, and the pour-over will covers anything left out, reduces probate exposure, speeds up distribution, and limits the legal fees the estate must pay.

Attorneys who draft estate plans also see what happens when those plans are incomplete or out of date. A trust that was never funded, a will that was never signed, a beneficiary designation that still names an ex-spouse: these create avoidable problems at the worst possible time. Investing in a current plan is the single best thing you can do to make administration easier for the people you leave behind.

Frequently Asked Questions

Do I need an attorney to administer an estate in California, or can I do it myself?

California does not require an attorney for probate or trust administration, but personal representatives and trustees can be held personally liable for errors, including distributing assets before paying debts, missing court deadlines, or failing to serve required notices. For anything beyond a very small, uncomplicated estate, working with an attorney is a practical protection, not just a convenience.

How long does California probate typically take?

Most California probates take 12 to 18 months. Estates with contested wills, business interests, disputed creditor claims, or real property that must be sold often run longer; two to three years is not unusual in complex cases. Trust administration without probate typically moves faster, often completing in six to twelve months.

What is the 60-day notice requirement for California trusts?

Under Probate Code section 16061.7, a trustee must serve formal written notice on all trust beneficiaries and heirs of the deceased settlor within 60 days of learning the trust has become irrevocable (typically, the date of the settlor’s death). The notice triggers a 120-day window during which beneficiaries may contest the trust. If the trustee never serves notice, that window never closes.

How are attorney fees calculated in California probate?

Ordinary attorney fees in California probate are set by statute under Probate Code section 10810: 4% of the first $100,000 of the gross estate, 3% of the next $100,000, 2% of the next $800,000, and decreasing percentages above that. Fees are based on gross value; debts and mortgages do not reduce the calculation. The personal representative is entitled to the same fee. Courts may approve additional fees for work beyond ordinary services.

Ridley Law has helped Ventura County families handle probate and trust administration since 2010. If you are serving as an executor or trustee, or if you have questions about what comes next after a loved one’s passing, call (805) 244-5291 for a free consultation.