Probate administration often begins during a difficult period for families. Along with the loss of a loved one, there may be court filings, creditor notices, financial obligations, and legal responsibilities that many people are handling for the first time. At Horizon Elder Law & Estate Planning, we help Contra Costa County families through the California probate process with clear guidance and practical support.
Whether you are serving as an executor, managing a family member’s estate, or determining whether probate is required, we can help you understand your responsibilities and move the process forward efficiently.
Why Contra Costa County Families Choose Horizon Elder Law & Estate Planning
Probate administration involves court procedures, deadlines, and detailed legal requirements. We work closely with executors, administrators, and family members to help keep the process organized, reduce avoidable delays, and provide clear guidance from start to finish.
Families work with our firm because:
- Attorney Julie Fiedler is a Certified Elder Law Attorney, certified by the National Elder Law Foundation
- She is also a Registered Nurse with more than 35 years of experience in healthcare and senior services
- We have longstanding ties to the San Ramon and Contra Costa County communities
- We are accredited by the Department of Veterans Affairs
- We understand the legal and practical concerns families face after the loss of a parent, spouse, or loved one
- We provide individualized guidance based on the needs, assets, and family dynamics involved in each estate
What Is Probate Administration?
Probate administration is the court-supervised process of settling a person’s estate after death. The process involves gathering assets, paying debts, and distributing remaining property to heirs or beneficiaries.
If there is a will, probate confirms the person named to handle the estate and allows assets to be distributed according to the will. If there is no will, California law determines who inherits, and the court appoints someone to manage the estate.
When Is Probate Required in California?
Probate is usually required when a person dies owning assets in their name alone and the gross value of those assets is above California’s small estate threshold. For deaths on or after April 1, 2025, the small estate affidavit threshold is $208,850. This amount is based on gross value before debts are subtracted.
Smaller estates may qualify for simplified procedures. For example, certain personal property may be transferred through a small estate affidavit. California also allows a simplified petition for a primary residence valued at up to $750,000 for deaths on or after April 1, 2025.
Whether probate is required depends on the asset type, value, ownership, beneficiary designations, and date of death.
The California Probate Process, Step by Step
The California probate process usually follows a set sequence:
- File the probate petition. The case begins when a petition is filed with the probate court in the county where the person lived.
- Give notice to heirs, beneficiaries, and creditors. Required parties must be notified, and notice may need to be published.
- Inventory and appraise estate assets. The personal representative identifies estate property and obtains required valuations.
- Pay valid debts, taxes, and expenses. Creditor claims and estate expenses must be reviewed and paid before distribution.
- File the required accounting or report. The court may require documentation showing what came into and went out of the estate.
- Request final distribution. Once the court approves, remaining assets can be distributed to heirs or beneficiaries.
Each stage involves required forms, deadlines, and court procedures. We help personal representatives keep the estate organized and moving forward throughout the process.
How Long Does Probate Take in California?
A typical California probate case takes 9 to 18 months. The timeline depends on court scheduling, real estate sales, beneficiary disputes, asset valuation, creditor claims, tax issues, and missing documents.
A probate attorney can help avoid delays by preparing filings correctly, tracking deadlines, and addressing issues before they stall the case.
What Does Probate Cost in California?
California probate attorney fees and personal representative fees are set by Probate Code §10800. These statutory fees are calculated based on the gross value of the probate estate, not the net value after mortgages, loans, or other debts.
The statutory fee schedule is:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
For estates above that amount, the court determines a reasonable fee. Additional costs may include court filing fees, publication costs, probate referee fees, accounting expenses, and extraordinary fees for complex matters.
What Does a Probate Attorney Do?
A probate attorney helps the personal representative manage the legal requirements of estate administration. We assist with court filings, notices, creditor issues, inventories, accountings, and final distribution.
Executors and administrators have legal responsibilities throughout probate. We help families avoid common mistakes, stay organized, and keep the process on track.
Talk With a San Ramon Probate Lawyer
If your family is dealing with probate after the death of a loved one, Horizon Elder Law & Estate Planning can help you understand the next step. We assist families in San Ramon, Danville, Walnut Creek, Pleasanton, Concord, Livermore, Dublin, Lafayette, Antioch, and surrounding Contra Costa County communities.
Contact Horizon Elder Law & Estate Planning to schedule a consultation with a probate lawyer in San Ramon.
Frequently Asked Questions About California Probate
Does a will have to go through probate in California?
If the person who died owned assets in their individual name and the estate exceeds California’s probate threshold, the estate will generally need to go through probate before assets can be distributed to beneficiaries. Certain assets, such as trust assets or accounts with beneficiary designations, may pass outside probate.
How long does probate take in California?
Many California probate cases take about 9 to 18 months. The timeline depends on court availability, estate complexity, creditor claims, real estate issues, and whether anyone contests part of the process.
What is the probate threshold in California?
For deaths on or after April 1, 2025, the small estate affidavit threshold is $208,850. Some smaller estates may qualify for simplified transfer procedures instead of full probate.