California Probate FAQ

At my firm, I have many clients who come in and ask about the probate process in California. Here is a list of some of the most common questions I receive. For specific guidance regarding your case, please schedule a consultation by calling 714-639-1990.

Probate is the process that the courts use to transfer property after a loved one has died. This can be thought of as “transferring the title” from the deceased individual to the person who is named in the will or other estate planning documents.

The courts use probate to create an accounting of the estate. They check the will to determine if it is valid. They collect all of the property belonging to the person who passed away and make sure that is properly valued. Once all financial obligations of the estate are accounted for, the property will be distributed according to the instructions contained in the will.

No, only specific property will be subject to the probate process. Certain property, such as homes owned together with a spouse, could be transferred to the surviving spouse without having to go through probate. Speak to an experienced probate lawyer to learn more about creating an estate plan that limits the amount of your estate that will need to be probated.

The best answer to this question is “it depends.” A simple estate without any complications can run anywhere from 5 to 10 percent of the value of the estate in court costs and fees. If any issues arise, those costs can increase dramatically.

There is a way to limit the financial exposure that you may face under probate. In my 25 years of handling probate matters for my clients, I have helped many clients efficiently go through the probate process. I will help you create the estate plan that allows you to protect your assets and reduce the possible contests that may arise after you pass away.

This is another tough question to answer without knowing the specifics of your situation. The quickest probate would be about a year, but the average is about 18 months. If the process is straightforward with no challenges, the estate can be probated relatively quickly. However, if there are any challenges to the will, it can lead to lengthy delays. Having an experienced attorney on your side can ensure that you are doing everything you can to make the process as efficient as possible.

I will gladly meet with you to discuss your probate case. To schedule a consultation with me, please call my Anaheim office at 714-639-1990 or send me an email using my contact form. I will help you and your family deal with these complex issues at such a difficult time.