California Probate Explained: What Families Need to Know

---

What Is Probate?

Probate is the court-supervised process for:

• gathering assets,
• paying debts,
• and distributing property after death.

In California, probate may be required when someone dies:

• without a trust,
• or with assets that were not properly titled.

---

Why Probate Often Concerns Families

Probate can involve:

• court filings,
• statutory attorney fees,
• delays,
• and reduced privacy.

In many California counties, probate cases may remain open for a year or longer.

For families already dealing with a death, the process can feel overwhelming.

---

Probate Fees in California

California probate attorney fees are often based on the gross value of the estate, not equity.

For example:

• a home worth $1.5 million with a mortgage may still be valued at $1.5 million for probate fee purposes.

This surprises many families in Santa Clara County where home values are high.

---

What Assets Avoid Probate?

Certain assets may avoid probate, including:

• properly funded living trusts,
• beneficiary-designated accounts,
• joint tenancy property,
• and some transfer-on-death assets.

Proper planning is important because small mistakes can still create probate exposure.

---

What Happens If There Is No Will?

If someone dies without a will, California intestacy law determines who inherits.

This may not reflect the person’s actual wishes.

Family disputes are also more common when no clear plan exists.

---

How Long Does Probate Take?

Every case differs, but probate often lasts:

• 9–18 months,
• and sometimes longer if disputes arise.

Real estate sales, creditor claims, and court scheduling can all affect timing.

---

Can Probate Be Avoided?

In many situations, yes.

Proper estate planning using:

• living trusts,
• beneficiary designations,
• and coordinated asset titling

can often reduce or eliminate probate exposure.