Understanding the Probate Process in California

The probate process in California can be complex and time-consuming. Depending on the size and complexity of the estate, probate can take anywhere from nine months to over two years. Our goal is to streamline the process, minimize delays, and ensure everything is handled efficiently and correctly.

Steps in Full Probate Administration:

1. Filing the Probate Petition

✔️ Preparing and submitting the required documents to open probate with the court
✔️ Representing the executor or administrator throughout the probate process
✔️ Ensuring the will is validated (if applicable)

2. Identifying & Valuing Estate Assets

✔️ Locating all estate assets, including bank accounts, real estate, investments, and personal property
✔️ Obtaining professional appraisals and valuations for assets as required by the court
✔️ Managing and protecting the estate’s property and financial accounts

3. Notifying Creditors & Paying Estate Debts

✔️ Issuing required legal notices to creditors
✔️ Reviewing and verifying outstanding debts and claims
✔️ Ensuring that all valid debts, medical bills, and funeral expenses are paid

4. Handling Estate Taxes & Legal Filings

✔️ Filing the deceased’s final income tax return
✔️ Assisting with estate tax filings and ensuring compliance with California and federal tax laws
✔️ Avoiding unnecessary tax penalties and maximizing estate value for beneficiaries

5. Managing Estate Disputes & Litigation (If Necessary)

✔️ Resolving disputes between heirs and beneficiaries
✔️ Handling will contests, fraud claims, or allegations of undue influence
✔️ Representing clients in probate litigation if necessary

6. Distributing Assets to Beneficiaries

✔️ Ensuring that assets are transferred according to the will or California intestacy laws (if no will exists)
✔️ Preparing and filing all necessary court documents for final distribution
✔️ Ensuring that beneficiaries receive their rightful inheritance in compliance with the law

7. Closing the Estate

✔️ Filing the final accounting and distribution report with the court
✔️ Obtaining court approval to close probate
✔️ Ensuring that all legal obligations are met before the estate is officially closed

Who Needs Full Probate Administration?

You may need full probate administration if:
✔️ The deceased person did not have a trust
✔️ The estate includes real estate, bank accounts, or other significant assets
✔️ You are the executor or administrator and need legal guidance through the process
✔️ There are multiple beneficiaries or potential disputes over the estate

If you're unsure whether probate is necessary, we can review your situation and determine the best course of action.

Frequently Asked Questions (FAQs)

1. How long does probate take in California?

Probate can take anywhere from nine months to two years, depending on the complexity of the estate, any disputes, and the efficiency of the court. Some cases with complex assets or legal challenges may take even longer.

2. What if there is no will?

If the deceased person did not have a will, their estate will be distributed according to California intestacy laws, which prioritize spouses, children, and other close relatives. The court will appoint an administrator to manage the estate.

3. Can I avoid probate?

Yes, probate can be avoided with proper estate planning. Creating a revocable living trust is one of the most effective ways to ensure your assets pass to your beneficiaries without court involvement.

4. How much does probate cost?

Probate costs vary based on the size of the estate and attorney fees. In California, probate attorney fees are set by law and are calculated as a percentage of the estate value:

• 4% of the first $100,000

• 3% of the next $100,000

• 2% of the next $800,000

• 1% of amounts over $1 million

Additional court and filing fees may apply.

5. What happens if someone contests the will?

If a will is contested, the court will review the claim and determine if it is valid. Common reasons for contesting a will include allegations of fraud, undue influence, lack of capacity, or improper execution. We provide legal representation in probate litigation cases to resolve disputes.

6. Do all estates have to go through probate?

No, estates that are valued less may qualify for a simplified probate process in California. Certain assets, such as life insurance policies and accounts with named beneficiaries, may also pass outside of probate.

7. What does an executor or administrator do?

An executor (named in a will) or administrator (appointed by the court) is responsible for:
✔️ Managing and distributing estate assets
✔️ Paying debts, taxes, and expenses
✔️ Filing court documents and reports
✔️ Notifying heirs and creditors

If you’ve been appointed as an executor or administrator, we can guide you through the process.

Why Choose Brentwood Law for Probate Administration?

✅ Experienced & Knowledgeable – We have extensive experience handling California probate cases, ensuring that estates are managed correctly.
✅ Personalized Legal Support – Every estate is unique. We provide custom legal strategies tailored to your needs.
✅ Stress-Free Process – Probate can be time-consuming and complex. We handle the legal burden so you don’t have to.
✅ Efficient & Cost-Effective – Our goal is to minimize delays and expenses while ensuring compliance with California probate laws.

Avoid Probate with Proper Estate Planning

If you are planning your estate and want to avoid probate for your loved ones, we can help set up a revocable living trust and other estate planning tools. Proper planning can ensure a smooth transition of assets and eliminate the need for court intervention.

Start the Probate Process Today

If you've been named an executor, administrator, or beneficiary in a probate case, let Brentwood Law guide you through the process. We provide dedicated legal representation and ensure the probate process is handled efficiently and correctly.