If you’ve lost someone in Camarillo, or anywhere in Ventura County, and they owned property in their own name, the first probate question is who has to step forward. Their appointment comes first, and the attorney fee that follows depends on what the estate holds.
In Camarillo, probate starts with one person asking the Ventura County court for authority
If there’s a will, the executor it names should start the process. If there’s no will, or the person named isn’t available, a family member usually asks the court to be appointed as the “administrator” of the estate. If there’s a will, the original has to be lodged with the Ventura County Superior Court within 30 days of learning of the death, whether or not anyone plans to open a probate.
The executor then files the will, along with a Petition for Probate, with the probate court in the county where the deceased person lived. For a Camarillo, Oxnard, Ventura or Thousand Oaks resident, that’s the same Ventura County court. Some other forms may be needed, and formal notices go to beneficiaries, particularly family members, and to creditors. If there’s a will, it has to be shown to be valid, and that is usually done by having the witnesses sign a sworn statement for the court.
When everything is in order, the court issues “Letters Testamentary” or “Letters of Administration.” Those letters appoint the executor and grant that person authority over the estate’s assets, and the gathering of assets can begin once they issue. In my practice, the executor’s job usually lasts twelve to eighteen months.
- File the will and a Petition for Probate with the court in the county where the person lived.
- Give formal notice to beneficiaries and creditors.
- The court issues Letters Testamentary or Letters of Administration.
- Gather the assets, open an estate bank account, and file an inventory and appraisal.
- Creditors generally have four months from the Letters to file claims, or 60 days after notice reaches them if that’s later. Then pay valid claims and taxes in the order the law sets.
- Ask the court to close the estate, then distribute to the people who inherit.
Once the letters issue, the executor gathers and protects the estate
With authority in hand, the executor can start collecting the deceased person’s assets. Now is also the time to get organized: set up a filing system so benefits and bills aren’t overlooked, apply for a taxpayer ID number for the estate, and open an estate bank account. The executor will also compile an inventory and appraisal of all probate property and file it with the court.
If that sounds overwhelming, it doesn’t all have to be done at once, and the executor can get help from family members or from an attorney who can serve as a guide.
Throughout, the executor’s job is to keep every asset safe. A house has to be insured and maintained, and heirlooms have to be protected from theft or damage. The executor also files tax returns for the deceased person and for the estate.
Most California estates can then run without asking the court for each step
Most California probate cases are handled under the Independent Administration of Estates Act, which lets the executor take care of most matters without permission from the probate court. The executor can usually sell estate property, pay taxes, and approve or reject creditor claims without court supervision.
Whether the court granted full or limited authority under that Act matters most when there’s a house to sell, and the Letters say which. With limited authority, selling the house means a court confirmation hearing, where the court takes overbids in open court. With full authority, a sale can go ahead on 15 days’ notice. Either way, the referee appraises the house.
Creditors get a fixed window, and the estate closes only after the bills are paid
A creditor generally has to file a claim within four months after letters are first issued, or within 60 days after notice of administration reaches that creditor, whichever is later. That period can’t be shortened, so it is part of every probate’s timeline. Many estates receive no formal claims at all, and the executor pays outstanding bills, such as the expenses of the final illness. If there isn’t enough money to pay every valid claim, state law sets the order in which claims are paid from estate assets.
When the bills and taxes are paid, the executor asks the court to close the estate. That’s when the executor can distribute the assets to the people who inherit.
The fee is set by statute, so the question is how much work the estate needs
California sets probate attorney fees differently from most states, where lawyers bill by the hour or charge a flat fee. Here the fee is a “statutory fee,” a percentage of the value of the assets that go through probate, with the percentages in state statutes. A $1,000,000 estate produces roughly $23,000 each for the attorney and the personal representative. That can be very high compared with the work involved, because probate is usually a matter of filing papers. There’s no trial, and there may be no court appearances at all.
So whether to hire a lawyer comes down to whether anything about the estate is complicated. Unless people are fighting over the estate, probate is largely paperwork, and in California the paperwork is mostly fill-in-the-blank forms published by the Judicial Council. Having the forms and knowing what to do with them are different things, though, and a missed item can mean a continuance and another month or two. Many executors find that with the right information they can handle a California probate themselves, as long as there are no unusual complications, such as a fight over inheritance, more debts than assets and uncertainty about who gets paid, or an ongoing business. With any of those, an attorney who understands the process can serve as a guide, and I offer a free 30-minute consultation.
Eric Ridley is a probate and estate planning attorney based in Port Hueneme, serving Camarillo and all of Ventura County
I look forward to spending time chatting with you.
805-244-5291
Book a free 30-minute consultation with me right now at ridley.click/eric-30.
Frequently Asked Questions
Where is a Camarillo probate filed?
Ventura County Superior Court. The county of the decedent’s residence sets venue, so a Camarillo, Oxnard, Ventura, or Thousand Oaks estate all run through the same court and the same probate calendar.
What’s the first thing to do after a death?
Lodge the original will with the Superior Court within 30 days of learning of the death. Prob. Code § 8200 requires it of whoever has custody of the will, whether or not anyone intends to open a probate, and the $50 fee comes from Gov. Code § 70626(d). Then secure the property, stop automatic payments, and get several certified copies of the death certificate.
Does every estate need probate?
No. If the total of assets in the decedent’s individual name is at or under $208,850, a small estate affidavit under Prob. Code §§ 13100 to 13101 collects them after a 40-day wait with no court involvement. Assets in a funded trust, or with a named beneficiary or right of survivorship, don’t count toward that total and don’t go through probate at all.
How long does it take and what does it cost?
In my practice, twelve to eighteen months for a case with nothing wrong with it. There’s a four-month creditor claim period that can’t be shortened, plus waits for the initial hearing, the referee’s appraisal, and the final distribution. Statutory fees under Prob. Code § 10800 and § 10810 run on gross value, so a $1,000,000 estate produces roughly $23,000 each to the attorney and the personal representative.
Can I handle a probate myself?
Legally yes. It’s a forms-and-deadlines process with a Judicial Council packet, publication requirements, notice rules, an inventory appraised by a court-appointed referee, and examiner notes to clear before each hearing. Missing an item means a continuance and another month or two. People do get through simple ones. With real property, a creditor, or an unhappy beneficiary, self-representation usually costs more in time than it saves.
What if the estate has a house?
Then it’s the long pole. The referee appraises it, and selling it under limited authority requires a court confirmation hearing where the court takes overbids in open court. Check your Letters to see whether you were granted full or limited authority under the Independent Administration of Estates Act, because that single line decides whether you can sell with a 15-day notice or have to go to a hearing.
Handling a trust or estate after a death?
A free 30-minute call with Eric Ridley. You’ll hear what has to happen, what it costs, and what you can safely do yourself. Ridley Law handles California trust administration and uncontested probate on clear, quoted fees.
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