We Are Your Certified Designated Probate & Trust Specialists
When a loved one passes away, families are often left navigating more than grief. Legal responsibilities, timelines, and financial decisions can quickly feel overwhelming, especially when probate is involved. Understanding how probate works and when it applies can make a difficult season more manageable and help you avoid costly delays.
As Certified Designated Probate & Trust Specialists, our role is to guide families through this process with clarity, accuracy, and care.
What probate actually means
Probate is the court-supervised legal process used to transfer a deceased person’s assets to heirs or beneficiaries. It serves two primary purposes: confirming the validity of a will and ensuring that debts, taxes, and obligations are handled before assets are distributed.
Probate is also required when someone passes away without a will. In those cases, the court follows state law to determine who inherits the estate. The presence of a will does not automatically eliminate probate, but it can significantly influence how the process unfolds.
When probate may not be required in California
Not every estate must go through probate. Under California Probate Code, estates with probate assets valued at $184,500 or less may qualify for simplified procedures or avoid probate entirely.
It’s important to understand what counts toward this threshold. Certain assets are excluded, such as:
Vehicles
Assets held in trusts
Property with designated beneficiaries
Jointly owned assets with right of survivorship
Determining whether probate is required depends on how assets are titled, not just their total value.
Why probate can become complex
Probate is rarely a single-step process. It involves court filings, strict timelines, legal notices, and financial accounting. While probate laws vary by state, California estates typically require multiple stages to close properly.
Even straightforward estates can face delays due to missing documents, disputes among heirs, or improperly titled assets.
The typical stages of the probate process
1. Filing the probate petition
The process begins by filing a petition in the county where the deceased lived. This includes submitting the death certificate and any existing will. The court then schedules hearings to formally open the estate.
2. Providing legal notice
Heirs, beneficiaries, and known creditors must be notified. In some cases, notice must also be published publicly. This step ensures transparency and gives creditors the opportunity to submit claims.
3. Inventory and valuation of assets
All probate assets must be identified, documented, and appraised. This can include bank accounts, investments, real estate, business interests, and valuable personal property.
4. Managing debts, taxes, and obligations
Outstanding debts and taxes must be reviewed and resolved. The estate must have sufficient assets to cover these obligations. If assets are limited, creditors are paid according to legal priority.
5. Distributing remaining assets and closing the estate
Once all obligations are satisfied, remaining assets are distributed according to the will or state law. The court requires documentation confirming distribution before the estate can be formally closed.
Understanding probate fees in California
Probate costs are an important consideration. In California, executor and attorney fees are set by statute and are based on the gross value of the estate, not the net value.
The statutory fee structure includes:
4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
0.5% of the next $15,000,000
For estates exceeding $25,000,000, the court determines reasonable compensation.
Because fees are calculated on total estate value, real estate holdings often have a significant impact on overall probate costs.
Why working with probate and trust specialists matters
Probate and trust matters involve legal, financial, and real estate considerations that intersect. Working with specialists who understand this overlap can help families:
Avoid unnecessary delays
Reduce financial exposure
Navigate court requirements correctly
Make informed decisions about estate property
Early guidance often prevents small issues from becoming expensive complications.
Final thoughts
Probate is a legal process, but it affects families on a deeply personal level. Understanding when probate is required, how it works, and what it costs empowers you to move forward with confidence rather than uncertainty.
If you have questions about probate, trusts, or estate-related real estate in California, support is available.
Contact our team today to learn how we can help you navigate the probate process with clarity and peace of mind.
📲 Call or text Uriel Resendiz at (818) 940-5530
📧 Email: [email protected]
