When someone dies owning property in their own name, the transfer often has to go through a court. California probate is that court-supervised process: confirming a will if there is one, appointing someone to act for the estate, paying valid debts, and distributing what remains to the people entitled to it.
This page explains when probate is required, how the process works, what it costs under California’s statutory fee schedule, how long it takes, and when a simplified procedure may apply instead. Our attorneys handle probate and trust administration from our San Mateo office. For a free consultation, call 650-250-0705.
What Does a Probate Attorney Do?
A California probate attorney represents the executor or administrator of an estate through the court-supervised process of settling it: filing the petition, obtaining Letters that authorize the personal representative to act, identifying and valuing assets, giving notice to creditors and heirs, paying valid debts and taxes, and petitioning for final distribution. Attorney compensation for ordinary services is set by statute under Probate Code section 10810 rather than negotiated.
Key Takeaways
- Not every estate needs formal probate — how assets were titled often decides it.
- California offers summary procedures with dollar limits that changed for deaths on or after April 1, 2025.
- Attorney and personal representative compensation for ordinary services follows a statutory percentage schedule, and each is entitled to it separately.
- Those percentages are calculated without subtracting mortgages or other debts against the property.
- A personal representative generally must petition for final distribution or report on status within one year of Letters being issued, or 18 months if a federal estate tax return is required.
When an Estate Needs Probate
Probate is generally about assets that have no other way to transfer. Property often passes outside probate when it was held in a living trust, held in joint tenancy with a surviving co-owner, or governed by a beneficiary designation such as a retirement account or life insurance policy. What is left in the decedent’s name alone is what typically drives the question.
California also provides summary succession procedures for smaller estates. The limits are set by statute, adjusted every three years under Probate Code section 890, and turn on the date of death rather than the filing date. Per the Judicial Council’s published list of adjusted amounts, for deaths on or after April 1, 2025:
| Procedure | Probate Code sections | Limit |
|---|---|---|
| Affidavit for collection or transfer of personal property | §§ 13100, 13101 | $208,850 |
| Petition to determine succession to real property, limited to the decedent’s California primary residence | §§ 13151, 13152, 13154 | $750,000 |
| Affidavit for succession to real property of small value | § 13200 | $69,625 |
| Small estate set-aside | §§ 6602, 6609 | $107,900 |
| Salary or compensation owed to the decedent | §§ 13600, 13601 | $20,875 |
The $750,000 figure came from Assembly Bill 2016 and applies only to a petition concerning the decedent’s primary residence in California — rental, vacation, and commercial property fall outside it. The Judicial Council states these amounts are next scheduled for adjustment on April 1, 2028.
How the California Probate Process Works
Every estate differs, but a formal proceeding generally moves through the same stages:
- Petition. An interested person asks the Superior Court in the county where the decedent lived to determine the date and place of death, admit the will to probate if there is one, and appoint a personal representative.
- Hearing and Letters. After a hearing, the court can issue an order appointing the personal representative and then issue Letters — Letters Testamentary for an executor named in a will, or Letters of Administration where there is none. Letters are what actually authorize someone to act for the estate, which is why banks ask for them.
- Inventory and appraisal. The personal representative locates and protects estate assets and has them valued, often with a probate referee.
- Notice and creditor claims. Interested parties and known creditors receive notice, and claims are evaluated, paid, or contested.
- Debts and taxes. Valid claims and applicable taxes are paid from the estate.
- Final distribution. Once those steps are complete, the personal representative petitions for an order distributing what remains.
A personal representative is a fiduciary, which means the role carries duties to the estate and its beneficiaries rather than discretion to act freely. Contested matters, unclear title, hard-to-value assets, and disputes among heirs all extend the process.
What Probate Costs in California
This is the part most people are surprised by, because California sets it by statute rather than leaving it to negotiation. Under Probate Code section 10810, the attorney for the personal representative receives compensation for ordinary services on this graduated schedule:
| Portion of the estate | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | A reasonable amount determined by the court |
Three points that materially affect the number:
The schedule is graduated. Each rate applies only to the dollars inside its own band. On an estate valued at $1,000,000, the calculation runs 4% of the first $100,000, 3% of the next $100,000, and 2% of the remaining $800,000 — $23,000, not a flat percentage of the whole.
The personal representative is entitled to compensation on the same schedule. Probate Code section 10800 sets the personal representative’s compensation for ordinary services using identical percentages, so the estate can bear that amount twice. A personal representative who is also a beneficiary sometimes waives it; that is a decision to discuss rather than assume.
The percentages are applied without subtracting debt. Section 10810 states that the value used is the appraisal value of property in the inventory, plus gains on sales and receipts, less losses — without reference to encumbrances or other obligations on estate property. A home appraised at $1,200,000 with an $900,000 mortgage is counted at $1,200,000 for this purpose, not at the equity.
Beyond the statutory schedule, the court may allow additional compensation for extraordinary services, and there are separate court filing fees, probate referee fees, publication costs, and bond premiums where a bond is required.
How Long California Probate Takes
Under Probate Code section 12200, the personal representative must either petition for an order for final distribution or file a report on the status of administration within one year after Letters are issued, or within 18 months where a federal estate tax return is required.
That is a reporting obligation, not a promise about when an estate closes. Many estates take longer, and the statute contemplates that by allowing a status report instead. Real property that must be sold, creditor disputes, tax issues, and contested matters all extend the timeline. California law also permits a court to reduce the compensation of a personal representative or attorney where administration ran longer than required, the delay was within their control, and it was not in the estate’s interest.
Probate Attorney or Estate Attorney?
The terms overlap and are often used interchangeably, but they describe different points in time. Estate planning happens while someone is alive and is about deciding what should happen. Probate and trust administration happen afterward and are about carrying it out.
Probate is court-supervised and applies to assets that pass through the estate. Trust administration is generally handled by the successor trustee without court supervision, according to the terms of the trust. Families sometimes deal with both at once, when some assets were held in a trust and others were not.
Do You Need a Lawyer for Probate?
California does not require a personal representative to hire counsel. In practice, most do, because the role carries fiduciary duties, the filings are technical, and a personal representative can be held personally responsible for mistakes.
The fee structure also matters to this decision in a way people often miss: the statutory schedule sets what the attorney receives for ordinary services from the estate, so declining to retain counsel does not usually convert that amount into an inheritance. Whether representation makes sense in a particular estate depends on its size, whether anyone is contesting, and how complex the assets are. A lawyer can walk through that before anything is filed.
Planning That May Reduce Court Involvement
Families often ask about probate after watching someone else’s estate go through it. Planning tools that bear on this include a revocable living trust, beneficiary designations, how property is titled, a deed upon death for qualifying residential property, and California’s simplified procedures for smaller estates.
A will by itself does not remove an estate from probate — it directs how the court-supervised process distributes assets. Our page comparing a living trust and a will covers that distinction, and our estate planning overview covers how the pieces fit together. Which combination is appropriate depends on the family, the assets, and California law.
Probate for San Mateo County Families
Our office at 15 North Ellsworth Avenue, Suite 105, San Mateo, CA 94401 works with families across the Peninsula. Probate for a decedent who lived in this county is generally filed in the San Mateo County Superior Court, which maintains a probate division with its own local rules and calendar.
Peninsula estates frequently center on a home, which is what makes the valuation rule above consequential: the statutory percentages apply to the appraised value of the property, not to the family’s equity in it. Where minor children are involved, questions about guardianship often arise alongside the estate.
Details about the office are on our San Mateo page, and further explanations are in our California trust and estate guides.
How We Help
Vaksman Khalfin, PC represents executors, administrators, trustees, and beneficiaries in California, Nevada, and New York. We can assess whether an estate needs formal probate or may qualify for a summary procedure, prepare and file the petition, guide a personal representative through inventory, notice, creditor claims, and accounting, and handle disputes when they arise. Because we also do estate planning, we bring what we see in administration back into how we draft.
The practice is led by Alan D. Khalfin and Robert B. Vaksman. Initial consultations are free. To talk with a California probate attorney, call 650-250-0705 or schedule a consultation. Our California trust and estate overview covers the wider practice, and we handle Nevada probate as well.
This page provides general information about California law and is not legal advice; reading it does not create an attorney-client relationship. Every situation is different, and prior results do not guarantee a similar outcome.
Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 08/14/2026
California Probate Frequently Asked Questions Frequently Asked Questions
A probate attorney represents the personal representative of an estate through the court-supervised settlement process: filing the petition, obtaining Letters, identifying and valuing assets, giving notice to creditors and heirs, paying valid debts and taxes, and petitioning for final distribution. Compensation for ordinary services is set by statute rather than negotiated.
For ordinary services, Probate Code section 10810 sets a graduated schedule: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million, with the court determining a reasonable amount above $25 million. On a $1,000,000 estate that works out to $23,000. The personal representative is entitled to compensation on the same schedule under section 10800, and the court may allow more for extraordinary services.
No. Assets held in a living trust, held in joint tenancy with a surviving co-owner, or governed by a beneficiary designation often pass outside probate. California also offers summary procedures for smaller estates, with limits that depend on the type of property and the date of death.
It depends on the property type and date of death. For deaths on or after April 1, 2025, the Judicial Council's published limits include $208,850 for the personal property affidavit, $750,000 for a petition concerning the decedent's California primary residence, and $69,625 for the small-value real property affidavit. These are next scheduled for adjustment on April 1, 2028.
On the full value. Section 10810 states the value used is the appraisal value of inventory property plus gains and receipts, less losses, without reference to encumbrances or other obligations. A mortgage on estate real property does not reduce the figure the percentages are applied to.
Section 12200 requires the personal representative to petition for final distribution or report on the status of administration within one year of Letters being issued, or 18 months if a federal estate tax return is required. Many estates take longer, and the statute allows a status report for that reason. Property sales, creditor disputes, tax matters, and contested issues all extend it.
An executor is named in the will. An administrator is appointed by the court when there is no will, or when the named executor cannot or will not serve. Both are personal representatives and both need court-issued Letters before they can act for the estate.
For a formal probate, generally yes. Being named executor in a will does not by itself grant authority; the court issues Letters Testamentary or Letters of Administration, and that document is what banks and other institutions rely on. Some summary procedures use an affidavit or a different petition instead.
Probate is court-supervised and applies to assets passing through the estate. Trust administration is generally handled by the successor trustee outside court, according to the trust's terms. A family can end up dealing with both if some assets were in a trust and others were not.
California's intestacy rules determine who inherits, which may not match what the person would have chosen, and the court appoints an administrator rather than an executor. The process is otherwise similar, and an estate can still qualify for a summary procedure if it meets the applicable limits.
The law does not require it. Most personal representatives retain counsel because the role carries fiduciary duties and personal exposure for mistakes, and because the statutory schedule sets what the attorney receives from the estate for ordinary services. Whether it makes sense in a particular estate is worth discussing before filing.
