California Probate

Probate is what happens when the plan was not there, or the plan did not work. It is court-supervised, it is public, and by California statute, it is expensive — attorney and executor fees are set as a percentage of the gross estate value, fixed by law, not negotiated. We handle this work for families who need to close an estate, settle what is owed, and move forward.

When probate is required in California

California requires formal probate proceedings for any estate with assets totaling more than $184,500 — measured by the gross value of what the deceased person owned in their name alone, before debts. Assets that pass automatically — through joint tenancy, named beneficiaries on a retirement account or life insurance policy, or through a properly funded living trust — do not go through probate. Everything else does.

In Ventura County, where the median home value far exceeds that threshold, most estates without a funded trust will require probate. If someone died without a will at all, California’s intestate succession laws determine who inherits — which may or may not reflect what that person would have wanted.

What probate actually costs

California Probate Code §§ 10800–10811 set statutory fees for both the estate attorney and the executor, calculated on the gross value of the estate:

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

These fees apply to the gross estate — before debts are paid. A home worth $800,000 with a $600,000 mortgage generates statutory fees based on $800,000, not $200,000. Court filing fees, appraisal costs, and publication expenses come on top of that. For a typical Ventura County estate, the combined cost of probate is often between $20,000 and $40,000 — money that, with proper planning, would have passed directly to the family.

This is the law as it stands. Our job, when a family comes to us in the middle of it, is to handle the process as carefully and efficiently as that law allows.

What the probate process looks like

California probate runs through the Superior Court in the county where the decedent lived. A straightforward estate typically takes nine months to a year. Contested matters take longer. At every step, there are forms to file, notices to publish, hearings to appear at, and accountings to prepare.

We handle the process from petition to close — filing the initial petition with the court, publishing the required legal notice to creditors, inventorying and appraising estate assets, managing creditor claims, preparing the final accounting, and distributing assets to heirs. At each stage, we explain what is required, why it matters, and where the estate stands.

If the estate involves a dispute

Not all probate is routine. Wills get contested. Executors mismanage assets. Beneficiaries disagree. Creditors make claims the estate should not have to pay. If you are involved in a probate matter with a dispute — as a beneficiary, an heir, a creditor, or a family member with concerns about how the estate is being handled — we can advise you on your rights and what the court process looks like from where you stand.

The first conversation costs nothing. If you are dealing with a probate estate and do not know where to start, that is the right place.