Frequently Asked Questions
Handling probate yourself is an option, but we do not advise it. Probate is time-consuming and complicated; even small mistakes can lead to delays. However, a probate attorney ensures that everything is handled correctly and efficiently, giving you peace of mind during a difficult time.
California determines probate attorney fee commissions based on the estate’s total value. The statutory fees for attorneys and executors in California’s probate cases are 4% on the initial $100,000 and 3% on the subsequent $100,000. See our Probate Fee Calculator to better understand probate fees.
- Identifies all assets
- Files forms and court documents
- Manages the estate’s checking account
- Determines taxes, final bills, and debts
- Collects life insurance policy proceeds
- Retitles assets in beneficiaries’ names
- Transfers assets to the appropriate beneficiaries
On average, probate lasts two years. Importantly, a complicated estate could take longer.
Yes, having a last will and testament doesn’t bypass the probate process. During probate, the court verifies the validity of the will.
In California, inheritances of $166,250 or less avoid the probate process.