Probate Attorney in Newbury Park

Probate Attorney in Newbury Park

Newbury Park estates that do not have a funded trust go through probate at the Ventura County Superior Court, Juvenile Justice Center, 4353 E. Vineyard Avenue in Oxnard. California sets attorney and executor fees as a percentage of the gross estate value. On an $800,000 home, the attorney fee and executor fee together run $38,000 ($19,000 each), regardless of how much mortgage is on the property. That is a real number, and most families going through probate for the first time are surprised by it.

I am an estate planning attorney serving Newbury Park and all of Ventura County. I handle both probate proceedings and the trust planning that prevents them. If you are currently an executor or administrator for a Newbury Park estate and need help navigating the process, I can guide you through it. For planning that keeps your own family out of court, see estate planning in Newbury Park.

What executors actually have to do

Filing the will with the court is the first step. After that comes a creditor notice publication period of four months, during which creditors can submit claims against the estate. The executor inventories and gets appraisals of all estate assets. Tax returns may need to be filed for the decedent and for the estate. Once creditors are paid and taxes handled, the executor distributes what remains and files a final accounting with the court. Most executors have never done this before and do not realize the process takes twelve to eighteen months even for straightforward estates.

1. File the will with the court.
2. Publish creditor notice. Creditors have four months to submit claims.
3. Inventory and appraise all estate assets.
4. File tax returns for the decedent and the estate if needed.
5. Pay creditors and taxes, distribute what remains, and file a final accounting with the court.

For a Newbury Park estate, the probate referee appointed by the court will need to appraise the home along with any other significant assets, and that appraisal is what the statutory fees end up being calculated on. If the estate includes a rental property, a business interest, or investment accounts spread across several institutions, the inventory step alone can take weeks of gathering statements and coordinating with financial institutions that are often slow to respond to an executor who does not yet have letters testamentary in hand. I help executors get ahead of this by identifying what documentation to collect before the first court date rather than scrambling for it afterward.

When one asset is outside the trust

Sometimes a Newbury Park family had a trust but one asset was never retitled into it, often the home. That asset goes through probate even though the rest of the estate does not. Depending on the value of the asset and the circumstances, there may be simplified procedures available. For assets below California’s small estate threshold, an affidavit procedure may work. I can evaluate the specific asset and tell you the fastest and cheapest path to transferring it. For the ongoing management of trust assets, see trust administration. For future planning, see living trust.

This situation is more common than people expect. A family sets up a trust, funds the brokerage account and the primary bank account correctly, and then refinances the home a few years later. The refinance paperwork sometimes takes title out of the trust’s name and back into the individual’s name, and nobody catches it before death. I check title history on real property early in any probate matter for exactly this reason, because it changes whether the case proceeds as a full probate or whether a narrower petition limited to that one asset is available instead.

By the Census Bureau’s estimate, 12,025 of ZIP code 91320’s 15,636 homes, about 77%, were built between 1960 and 1999 (American Community Survey, 2020 to 2024).

California probate law and when a shortcut applies

Opening a probate in California starts with filing a petition under Cal. Prob. Code §8000 and the sections following it, which set out who can petition, what notice has to be given to heirs and beneficiaries, and how the court appoints the executor or administrator. Not every estate needs a full probate, though. Cal. Prob. Code §13100 through §13115 allow an estate valued at $208,850 or less (as of 2026) to be transferred using a small estate affidavit rather than a court proceeding, which can save months and thousands of dollars for a modest estate. Separately, Cal. Prob. Code §13151 provides a court petition procedure specifically for a decedent’s primary residence worth up to $750,000, which is a narrower and different threshold than the small estate affidavit and applies specifically to transferring real property. A lot of Newbury Park families assume they need a full probate when one of these simplified procedures actually applies, and checking which threshold fits the actual estate value is one of the first things I do.

	Small estate affidavit (§ 13100)	Primary residence petition (§ 13151)	Real property affidavit (§ 13200)
Limit	$208,850 or less	Up to $750,000	Up to $69,625
Court petition?	Generally no court filing	Yes	No court petition

Questions Newbury Park clients ask

How long does probate take in Ventura County?

In my practice, a straightforward case runs twelve to eighteen months. The four-month creditor notice period is a floor, and court processing time sets the rest. Contested matters, tax audits, or real estate sales during probate extend the timeline.

Can family members use estate assets during probate?

Generally yes, for living in a residence, but selling or transferring assets during probate requires court approval in most cases. The executor manages the estate in the meantime and is responsible for its preservation.

What if there is no will?

The estate is distributed under California’s intestate succession laws, which divide it among heirs in a specific order. The court appoints an administrator instead of a named executor. The process is essentially the same as with a will but the distribution rules are fixed by statute rather than by the decedent’s wishes.

My relative’s estate is worth less than $750,000 and it is mostly the house. Is there a shortcut?

Possibly. Cal. Prob. Code §13151 provides a court petition for transferring a decedent’s primary residence worth up to $750,000. It is still a court filing, but it is faster and cheaper than a full probate. I can evaluate whether the estate qualifies.

What is the difference between the small estate affidavit and the real property affidavit?

The small estate affidavit under Cal. Prob. Code §13100 covers estates of $208,850 or less as of 2026 and generally does not require any court filing at all. A real property affidavit under §13200 covers real property worth up to $69,625 without a court petition, while the primary residence procedure under §13151 covers a home worth up to $750,000 but does require a court petition. Which one applies depends on the estate’s total value and what assets are involved.