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 $208,850 — measured by the gross value of what the deceased person owned in their name alone, before debts. That threshold applies to deaths on or after April 1, 2025 and holds until the next scheduled adjustment on April 1, 2028 (Prob. Code §13100). 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.

How debts and taxes are handled in probate

Creditors come before heirs. The personal representative must publish a notice to creditors in a local newspaper once a week for four consecutive weeks (Prob. Code §9001) and mail direct written notice to each known creditor within 30 days of learning they exist (§9051).

A creditor must file its claim by the later of: four months after Letters are issued to the personal representative, or 60 days after the date direct notice was mailed. A creditor who misses both deadlines loses the right to collect from the estate. There is a one-year hard stop — no claim can be filed more than one year after the date of death, regardless of when notice was given (Prob. Code §9100(b)).

On taxes: California has no state estate tax and no inheritance tax. The federal estate tax applies only to estates above approximately $13.6 million (2024 exemption, adjusted annually). Every estate must file the decedent’s final individual income tax return for the year of death. If the estate earns income during administration — rent, dividends, business income — the executor also files a fiduciary income tax return (California Form 541 / federal Form 1041) for each tax year the estate remains open.

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.

What makes California probate harder than it has to be

Most probate complications come from the same few preventable sources.

Assets titled in the wrong name

A living trust only controls what is actually in it. An account, a piece of real property, or a business interest left in your individual name — not the trust — goes through probate regardless of what the trust document says. This is one of the most common reasons estates that had trusts still end up in court.

Underestimating cost and timeline

Statutory fees are calculated on the gross estate before debts are paid. A home worth $900,000 with a $700,000 mortgage generates fees based on $900,000. Court filing fees, probate referee appraisal costs, and required newspaper publication come on top. A straightforward estate takes a minimum of nine months; most take 12 to 18.

The wrong executor

The person who is emotionally closest to the deceased is not always the right person to manage the estate from opening to close — filing petitions, notifying creditors, inventorying assets, accounting to the court, and distributing to heirs. Executors have fiduciary duties; a mistake in creditor priority or asset distribution can create personal liability for the executor.

Probate in Ventura County: where it happens and what it costs

Probate for Ventura County residents is filed with the Ventura County Superior Court, Probate Division, in the city of Ventura. A typical California probate runs nine to eighteen months from filing to final distribution, and statutory attorney and executor fees are set by law as a percentage of the gross estate value — not your equity — so a home with a mortgage is charged against its full value, not what’s left after the loan.

Not every estate needs full probate. For deaths on or after April 1, 2025, California’s small-estate threshold is $208,850, and it holds at that figure until the next scheduled adjustment on April 1, 2028 (Prob. Code §13100) — estates of personal property under that amount can often transfer with a small-estate affidavit instead of a court case. Primary-residence and real-property transfers follow separate rules that AB 2016 updated in 2025, including a streamlined petition for a primary home worth up to $750,000. In handling Ventura County probate since 2010, the issue we see families hit most is discovering — too late — that a house pushed the estate over the line into full probate.

Probate FAQs

How long does probate take in Ventura County?

Most Ventura County probates take nine to eighteen months from filing at the Ventura County Superior Court to final distribution, depending on creditor claims, whether real estate has to be sold, and whether any heir contests the estate.

Do I always need probate in California?

No. Assets held in a living trust, property owned in joint tenancy, and accounts with named beneficiaries pass outside probate, and estates of personal property under $208,850 (for deaths on or after April 1, 2025, holding until the next adjustment on April 1, 2028) can often be settled with a small-estate affidavit instead of a full court proceeding.

A surviving spouse or registered domestic partner may also be able to confirm title to community property — or claim separate property — through a summary spousal-property petition, bypassing full probate administration entirely. Whether that route is available depends on how assets were titled and whether a will named the surviving spouse as beneficiary.

How much does a probate attorney cost in California?

California sets statutory probate fees by law as a percentage of the gross estate — for example, 4% of the first $100,000 and 3% of the next $100,000 — payable to both the attorney and the executor. We walk you through exactly what your estate would owe before you commit to anything.

What happens if there is no will?

The estate passes by California’s intestate-succession rules, which set a fixed order of heirs regardless of what the deceased may have wanted. Probate is still required, and the court appoints an administrator to manage it.

See also Trust Administration, Estate Administration & Executor Duties, and Probate Litigation — or get ahead of probate entirely with a living trust. Serving Camarillo, Thousand Oaks, and all of Ventura County.

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