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Probate attorney · Southern CaliforniaProbate and trust administration, explained one step at a time
When someone dies, their estate has to be gathered, debts paid, and property passed to the right people. We guide executors, administrators, and trustees through the process.
Does the estate need probate?
Probate is the court process for settling an estate. In California it is generally required when a person dies owning assets in their own name, without a beneficiary designation or trust, worth more than the small estate limit set by statute.
Many estates qualify for a simpler path:
- Small estate affidavit for personal property under the statutory limit.
- Petition to determine succession for certain real property, including a primary residence within the statutory limit.
- Spousal or domestic partner property petition when property passes to a surviving spouse.
- Trust administration when assets were held in a living trust. No court case is needed in most trust administrations.
- Petition for assets left out of a trust (often called a Heggstad petition) when the trust names the property but title was never transferred.
The probate process
- Petition and appointmentWe file the petition for probate, publish notice, and notify heirs and beneficiaries. At the hearing, the court appoints an executor or administrator and issues letters.
- Notice to creditorsKnown creditors receive notice, and creditors generally have four months from the issuance of letters to file claims.
- Inventory and appraisalAssets are identified, valued, and appraised by a court-appointed probate referee where required.
- Managing the estateThe personal representative pays debts and taxes, maintains property, and may sell real estate, often with authority under the Independent Administration of Estates Act.
- Final accounting and distributionWe prepare the petition for final distribution. Once the court approves it, the remaining assets go to the beneficiaries and the estate is closed.
A straightforward probate in Southern California often takes about a year, and longer if property must be sold or anyone objects.
Trust administration
When a loved one leaves a living trust, the successor trustee takes over without a court appointment, but the trustee still has legal duties. We help trustees send the required notice to beneficiaries and heirs, inventory and value trust assets, handle the residence and other real property, prepare accountings, and distribute the trust according to its terms.
Disputes over estates and trusts
Families sometimes disagree about who should serve, how property is being handled, or whether a beneficiary may live in a trust-owned home. We help clients resolve these disputes through negotiation and mediation where possible, and through petitions in the probate court when needed.
Frequently asked questions
What if there is no will?
California's intestate succession rules decide who inherits. The court appoints an administrator, usually a close family member, to handle the estate.
How are probate attorney fees set?
California sets statutory fees for the attorney and the personal representative in probate based on the value of the estate. Additional fees for extraordinary services must be approved by the court.
Do I have to live in California to serve as executor?
An out-of-state executor may serve, though the court may require a bond. We handle the local court work so you do not have to travel for every step.
Can real estate be sold during probate?
Yes. With full authority under the Independent Administration of Estates Act, the personal representative can usually sell with notice to beneficiaries rather than a separate court confirmation hearing.