» Probate

Family disputes, creditor claims, difficulty locating assets, and court delays are common challenges.

Yes. Common probate-avoidance tools include living trusts, joint tenancy, POD/TOD accounts, and transfer-on-death deeds.

Probate costs include court filing fees, appraisal fees, publication fees, and attorney/executor fees. Attorney and executor compensation is set by statute and based on the estate’s value.

The executor (named in a will) or administrator (appointed if there is no will) files the probate petition, manages estate assets, notifies heirs and creditors, pays debts and taxes, and distributes assets according to law.

If there is no will, the estate is distributed under California intestate succession laws, which prioritize spouses, children, and close relatives.

Assets subject to probate include real estate owned solely by the decedent, bank accounts without beneficiaries, vehicles, investments, and personal property not held in trust or joint ownership. Assets with designated beneficiaries usually bypass probate.

On average, probate in California takes 9 to 18 months, depending on the estate’s size, complexity, and disputes.

Not always. Probate is typically required if the estate’s value exceeds the small estate limit, if the decedent owned real property outside of a trust or joint tenancy, or if no estate planning tools were used. Certain assets—like trusts, joint accounts, and POD accounts—do not require probate.