Probate Attorney in Westlake Village

Probate Attorney in Westlake Village

Probate is the court process for transferring assets after someone dies without a funded trust. In Westlake Village, where median home values regularly exceed $1.3 million, the statutory attorney and executor fees are substantial. California sets those fees as a percentage of the gross estate value, not the equity, which means fees on a $1.5 million home are calculated on $1.5 million even if there is a $900,000 mortgage. Most families going through this are surprised by how much it costs and how long it takes.

I am an estate planning attorney serving Westlake Village and all of Ventura County. I handle both probate administration and the estate planning that avoids it. Westlake Village probate proceedings go through the Ventura County Superior Court, though properties on the LA County side of the city line may go through LA County. I can tell you which court applies to the assets involved. For a plan that keeps your own estate out of court, see estate planning in Westlake Village.

What the statutory fees actually cost

California Probate Code sets attorney and executor fees at 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9 million, and so on. On a $1.5 million Westlake Village estate, the statutory attorney fee alone runs roughly $28,000. The executor gets the same amount. Court costs, appraisal fees, and other expenses add more. None of that includes estate tax or income tax on the estate’s earnings during administration. A funded revocable trust eliminates most of these costs entirely.

What executors actually have to do

The executor (called a personal representative in California) files the will with the court, publishes a notice to creditors, inventories and values the estate’s assets, pays debts and taxes, and distributes what remains to the beneficiaries. None of that can happen quickly. The creditor notice period alone is four months. Courts have their own timelines. Total process typically runs a year to eighteen months for straightforward estates. Complex estates with business interests, disputed claims, or tax issues take longer. Westlake Village estates often involve multiple asset classes that require separate handling.

Opening the case with the right court

Probate has to be opened in the superior court of the county where the decedent resided, or in some cases where their property is located. Because Westlake Village straddles the Ventura and Los Angeles county line, I first confirm which county has jurisdiction before filing anything. Filing in the wrong county can delay the case and create avoidable expense. Once the petition is filed and the court sets a hearing date, the personal representative is formally appointed and receives letters testamentary or letters of administration, which is the document that gives them legal authority to act on the estate’s behalf.

When probate cannot be avoided

Sometimes an asset slips outside the trust. A Westlake Village homeowner may have a trust but failed to deed the house into the trust’s name before they died. That house goes through probate even though everything else does not. We may be able to use a small estate affidavit or trust certification to simplify the process depending on the asset, but often a full probate is the only path. For ongoing estate management going forward, the answer is usually a living trust with proper funding. For the successor trustee of an existing trust, see trust administration.

What a contested probate looks like

Most probate cases are uncontested, but Westlake Village estates with blended families, second marriages, or a business interest are more likely to draw a will contest or a dispute over who should serve as personal representative. A contested probate adds depositions, formal discovery, and often a full trial on the validity of the will, which can turn a straightforward year-long process into a multi-year legal fight that consumes a significant share of the estate in legal fees. If you anticipate that a family member may contest the estate, tell me early. There are steps available, including no-contest clauses in a will or trust, that reduce the incentive to fight, though California limits how far those clauses can go.

What California probate law provides for smaller estates

Cal. Prob. Code §8000 et seq. governs how a probate case is opened, including who can petition and what notice has to be given before the court appoints a personal representative. For estates below a certain size, California offers shortcuts: Cal. Prob. Code §13100-13115 allows a small estate affidavit for personal property in estates under $208,850 as of 2026, avoiding formal probate entirely for qualifying assets. Cal. Prob. Code §13150-13158 provides a simplified real property affidavit procedure for a decedent’s primary residence when the estate is under $750,000, which can matter for a smaller Westlake Village condominium or a share of jointly held property, though most single-family homes here exceed that threshold. And Cal. Prob. Code §10800 is the statute that sets the fee percentages described above, the cost a funded trust is specifically designed to avoid.

Questions Westlake Village clients ask

Is there a faster alternative to full probate for small assets? Yes. California allows simplified procedures for estates under the small estate threshold. But in Westlake Village, most assets exceed that threshold. I can evaluate whether any of the estate’s assets qualify for a simplified process and handle those separately.

Can we use the house while probate is pending? Usually yes. The executor manages the estate during probate, which includes decisions about property use. Selling the house during probate requires court confirmation in most cases, which adds time and cost. I can explain how that process works for a specific property.

My parent did not leave a will. Is there still a process? Yes. Dying without a will is called intestate succession. California law determines who the heirs are and in what proportions they inherit. The process goes through probate just the same, with a court-appointed administrator instead of a named executor.

Does the $208,850 small estate threshold cover a Westlake Village home? Rarely. Under Cal. Prob. Code §13100-13115, that threshold applies to the estate’s personal property in most cases, and a separate $750,000 threshold under §13150-13158 applies to a simplified transfer of a primary residence. Most Westlake Village homes exceed both, which is exactly why a funded trust matters so much here.

To see how the statutory fee schedule applies to a specific estate value, use our California probate fee calculator.

Book a consultation at https://ridley.click/eric-60 or call 805-244-5291. I serve Westlake Village and all of Ventura County.

See also living trust planning and trust administration for Westlake Village.