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Probate in California

Probate is the court supervised administration of a decedent's estate. Not all estates have to be probated. Probate exists to transfer title to assets. Even for those estates that have to be probated, not all of the assets may have to be probated. Assets avoid probate if they are in joint tenancy; if they are in a living trust; or if they have a beneficiary listed.

Probate is a continuous proceeding and generally takes between 8 and 12 months. It begins with the filing of a petition for probate and ends with the transferring of title to the beneficiaries under the Will; or, if there is not a Will, to the heirs at law.

Probate fees in California are set by statute. The executor/administrator and the attorney are each entitled to 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000; and 1% on the next $9,000,000.