Practice area
Probate is what happens when nothing else was set up to happen.
It is the court process for transferring what someone owned after they die. In California it is slower and more expensive than in most states, because the fees are fixed by statute and calculated on gross value.
Gross, not net
Statutory fees ignore mortgages and other debts.
Paid twice
Attorney and executor are each entitled to the statutory amount.
9–18 months
Typical duration for a straightforward estate.
Public record
The inventory and distributions are open to anyone.
How the fee is calculated
California Probate Code section 10810 sets ordinary attorney compensation on a sliding scale: four percent of the first $100,000, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000. The executor is entitled to the same amount again under section 10800.
Critically, this is calculated on the gross value of the estate. Debts are not subtracted. A home worth $1,000,000 with an $800,000 mortgage produces the same statutory fee as one owned free and clear.
How long it takes
Nine to eighteen months is typical for an uncomplicated estate. Anything contested, anything involving a sale of real property, or anything with an unclear heir runs longer. During that period the property generally cannot be distributed and often cannot be sold without court authority.
The file is public throughout. Anyone can look up what the estate contained and who received it.
The alternatives worth checking first
Not every estate needs full probate. California provides simplified procedures for smaller estates, and a Spousal Property Petition can transfer assets to a surviving spouse far more quickly and cheaply than a full administration.
Assets with valid beneficiary designations, joint tenancy property, and anything already held in trust pass outside probate entirely. The first task is usually determining how much of the estate is actually subject to court supervision. Sometimes the answer is none of it.
Common questions
Probate
Can probate be avoided after someone has died?
Mostly no. Planning has to happen while the person is alive. But it is always worth confirming which assets are genuinely subject to probate: beneficiary designations, joint tenancy, and small-estate procedures can shrink or eliminate the court estate.
Is there a small estate procedure in California?
Yes. California allows simplified transfer procedures below a statutory dollar threshold, and the Legislature raised the threshold for a decedent's primary residence effective April 2025. Whether an estate qualifies depends on current figures and what the estate contains, so it is worth checking rather than assuming.
Who pays the probate fees?
The estate does, out of estate assets, before beneficiaries receive anything. Which means the beneficiaries pay it. They simply receive less.
Related
Other areas of the practice
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