Question 1

How much does probate cost in California?

Accepted Answer

California probate attorney fees are set by statute (Probate Code §10800) as a percentage of the gross estate — regardless of any mortgage. The rate is 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. The executor gets the same fee. On a $1 million estate, that's approximately $46,000 in combined attorney and executor fees before court costs.

Question 2

How long does probate take in California?

Accepted Answer

California probate typically takes 9 to 18 months, sometimes longer. Trust administration is handled privately and usually concludes within a few months.

Question 3

When is probate required in California?

Accepted Answer

Probate is generally required in California when a deceased person owned assets worth $208,850 or more in their individual name — not held in a trust, without a named beneficiary, and not in joint tenancy. Real property almost always requires either probate or trust administration to transfer title.

Question 4

What is the difference between probate and trust administration in California?

Accepted Answer

Probate is a court-supervised public process for assets not held in a trust — it's slow, expensive, and on the public record. Trust administration is a private process handled in an attorney's office for assets held in a revocable living trust. It's faster, less expensive, and confidential.

Living Will AKA Advanced Health Care Directive

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