Losing someone you love is hard enough without a court process standing between your family and the assets left behind. In California, that process is probate, and it reaches far more families than most people expect. At Katzner Law Group, we help families throughout California not only deal with probate but also understand what probate requires and how to keep your loved ones out of it. Working with a probate lawyer in California gives you a clear understanding of each step in the probate process before it arrives and how best to deal with it. Our focus stays on protecting your time, your privacy, and your family’s inheritance by helping you build an estate plan that reflects your goals and concerns for your loved ones.
Probate is the court-supervised process that validates a will, inventories and values a decedent’s property, pays debts and taxes, and distributes what remains to heirs or beneficiaries. California handles these matters in its superior courts, with one court in each of the state’s 58 counties. The Judicial Council of California reports 66,908 probate filings statewide in the fiscal year ending in 2025, a category that grew more than 7 percent over the prior year. Every one of those files becomes public record, open to anyone who visits the courthouse or searches online.
Probate becomes necessary when a decedent leaves property titled in their sole name, with no trust or beneficiary designation to direct where it goes, and the estate exceeds the state’s small estate limit. Those assets pass through the court whether or not the decedent left a will. Probate Code section 13100 allows a successor to collect a decedent’s personal property by affidavit, without letters of administration, once 40 days have passed since the death, and the gross value of the decedent’s California property stays within the statutory limit. That limit adjusts periodically under Section 890. Property held in a trust does not count toward that value, but estates above the limit generally require formal probate.
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California probate follows a defined sequence set out in the Probate Code. Each stage carries its own filings, notices, and deadlines, and a misstep at any point can delay every stage that follows. Understanding the order helps personal representatives prepare for what the court will expect.
Probate begins with a petition. Under Probate Code section 8000, any interested person may ask the court to determine the date and place of death, appoint a personal representative, and admit the will to probate. When no will names an executor, the person seeking appointment could be a distant relative or even a creditor. A petition may also proceed when the original will is lost, destroyed, or held outside California. Once the petition is on file, heirs and beneficiaries receive notice of the hearing so they have a chance to respond. After approving the petition, the court issues letters that authorize the personal representative to act for the estate.
With letters in hand, the personal representative takes stock of everything the decedent owned. Probate Code section 8800 requires a combined inventory and appraisal filed with the court within four months after letters are first issued, although the court may allow more time when circumstances justify it. That filing must also include a certification about change in ownership statements for any California real property. During this same stage, the personal representative notifies creditors, reviews each claim, and pays valid debts from estate funds. Heirs generally wait for their inheritance until the court confirms those obligations are satisfied or adequately provided for.
The final stage brings the estate to a close. When all debts have been paid or adequately provided for, Probate Code section 11640 directs the personal representative to petition for an order of final distribution. The court reviews that petition, resolves any remaining questions, and approves how property passes to heirs and beneficiaries. Unpaid debts keep the administration open. Only after the court signs the order and the assets are distributed can the estate close.
Gabriel Katzner has a track record, along with a vast number of outstanding public reviews across platforms, of working hard on behalf of individuals who need assistance with comprehensive estate planning services.
California probate commonly takes the better part of a year or longer, and complex estates take even more time. Several factors drive that timeline, including the four-month inventory deadline, the creditor claim period, and court calendars. Each step depends on the one before it, so even one delay ripples through the entire case. Throughout that time, the family’s assets remain under court supervision.
Probate costs in California depend largely on the size of the estate, because state law ties compensation for the attorney and the personal representative to estate value. The Probate Code sets statutory compensation for ordinary services, and the amounts rise as the estate grows. The calculation uses the gross value of the estate rather than the family’s equity, so a home carrying a large mortgage still produces fees based on its full appraised value. Court filing fees, appraisal costs, published notices, and any bond the court requires add to the total. Extraordinary services, such as selling real estate, can bring further compensation with court approval. Every dollar spent in probate is a dollar that never reaches your loved ones.
Probate disputes usually begin with uncertainty. A beneficiary questions whether a will reflects the decedent’s true wishes, relatives disagree over who should serve as personal representative, or a creditor challenges how the estate handles a claim. Each disagreement adds hearings, delays distribution, and raises costs for everyone involved. Clear, current estate planning offers the strongest prevention. A properly drafted and funded revocable living trust, updated beneficiary designations, and written instructions leave far less room for conflict. Even a trust carries some risk, since a serious beneficiary dispute can still bring matters before a judge, so careful drafting matters from the start.
California offers several paths that keep some or all of an estate out of formal probate.
| Feature | Formal Probate | Small Estate Affidavit | Living Trust |
|---|---|---|---|
| Court involvement | Full court supervision | No court filing for qualifying personal property | None when properly funded |
| When it applies | Estates above the small estate limit | Estates within the Section 13100 limit | Assets titled in the trust’s name |
| Privacy | Public record | Presented to asset holders, not filed | Private |
Each option fits a different moment in a family’s life. Formal probate and the small estate affidavit both come into play after a death, and the affidavit helps only when the estate stays within the Section 13100 limit. A living trust works in advance. Once assets are titled in the trust’s name, the successor trustee can manage and distribute them privately, without waiting on a court calendar or dealing with matters in public.
Probate asks a grieving family to meet legal requirements on the court’s timeline. A probate lawyer in California helps personal representatives understand and meet those requirements, which protects both the estate and the person serving. Our team works with families at each stage:
Call Katzner Law Group today at (855) 528-9637 to speak with a probate lawyer in California about your family’s situation. Whether you are serving as a personal representative or want to spare your family from probate altogether, we will walk you through your options and help you build an estate plan that reflects your goals and concerns for your loved ones.
In 2002, Gabriel Katzner, the founding partner of Katzner Law Group received his Juris Doctorate with honors from the Fordham University School of Law. After spending the first 7 years of his legal career practicing at Cahill Gordon & Reindel LLP, an international law firm based in New York, he went on to found his own firm.
Gabriel Katzner has a track record, along with a vast number of outstanding public reviews across platforms, of working hard on behalf of individuals who need assistance with comprehensive estate planning services. Finding a lawyer who is knowledgeable about revocable and irrevocable trust planning, guardianship for minor children, asset protection, trust administration and probate, as well as Medi-Cal / Medicaid planning is extremely important.
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No, not every estate requires probate in California. Assets held in a funded living trust, accounts with named beneficiaries, and property owned in joint tenancy pass outside the court process. Estates within the small estate limit under Probate Code section 13100 may also avoid formal administration.
The court generally appoints the executor named in the will, or an administrator when no will names one. California law gives priority to the surviving spouse or domestic partner and close relatives. The court may also require a bond before the appointment takes effect.
California’s intestate succession laws decide who inherits. The estate still goes through probate, and the court appoints an administrator to manage it. Heirs are determined by statute, which may not match the decedent’s wishes, and a child’s share typically passes outright at age 18.
Yes, a properly funded revocable living trust keeps assets out of probate. A will, on its own, does not avoid the court process. At Katzner Law Group, we build trust-based estate plans that keep your family’s affairs private and spare your heirs the time and expense of probate.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. Furthermore, it has received approval from attorney Gabriel Katzner, an experienced estate planning lawyer with over 17 years of legal expertise.