California Probate Lawyer

Here are some highlights about the California Probate process:

• The court guides the Probate process according to the laws of the California Probate Code.
• Probate rules must be followed precisely; even minor errors can cause long delays.
• It is public, requires fees set by statute, and takes time.
• If you die without a will or with just a will but no trust, your estate (e.g., your tangible personal property, your real estate, and your money) will go through probate if the value of your estate is above a certain amount set by law (the thresholds in 2024 are $61,500.00 and $184,500.00 for certain assets); the thresholds are tied to inflation and are adjusted every three years.
• By creating a trust, you can choose to have your estate distributed to your beneficiaries by your trustee without using probate.
• The trustee must still follow the law (e.g., the trustee must pay your taxes and debts and must notify your heirs) and can use the court to address any questions that may arise, but the court does not oversee the process in the way it does with a probated estate.
• The distribution is private and may go more quickly with a trust, depending on the estate's assets.* Generally, the trustee is allowed a “reasonable fee” for their services rather than a payment of the statutory fees of probate. Some people may prefer the open, court-monitored process of probate, but most people opt for the private process afforded the trustee under a trust.