California Probate Attorney
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navigate the california Probate process with Seasons Law P.C.
Based in Roseville, Serving Families in the Sacramento Region and Across California
Updated September 2026 for Current California Law
Probate is the court-supervised legal process that validates a deceased person’s will, settles their debts and taxes, and distributes their remaining assets to the rightful beneficiaries. In California, probate can be one of the most complex and time-consuming legal processes a family faces—often lasting nine to eighteen months or longer and involving strict deadlines, detailed paperwork, and court appearances.
At Seasons Law, P.C., we understand that probate often arrives at the most difficult time in a family’s life. You are grieving a loss while simultaneously being asked to manage legal and financial responsibilities you may have never encountered before. Our goal is to carry that burden for you—handling the court filings, creditor notifications, asset management, and distribution so you can focus on what matters most: taking care of yourself and your family.
From our office in Roseville, our principal attorney Tracy Poston Shows has guided families throughout the Sacramento region and across California through probate proceedings of all sizes and levels of complexity. Whether you are an executor named in a loved one’s will, a surviving spouse, a beneficiary with questions about your inheritance, or a family facing the prospect of intestate succession, we are here to help you through each step with patience, professionalism, and care.
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Table of Contents
What is Probate in California?
Probate is the legal process through which a California court supervises the administration of a deceased person’s estate. When someone passes away, their assets do not automatically transfer to their heirs or beneficiaries. Instead, the probate court oversees the process of validating the will (if one exists), appointing a personal representative to manage the estate, identifying and appraising all assets, notifying and paying creditors, resolving any disputes, and distributing the remaining assets according to the will or California’s intestate succession laws.
Not every asset goes through probate. Assets held in a living trust, accounts with named beneficiaries (such as life insurance and retirement accounts), property held in joint tenancy with right of survivorship, and community property with right of survivorship typically pass outside of probate. However, any assets that are solely in the deceased person’s name and do not have a designated transfer mechanism must generally go through the probate process.
In California, probate proceedings are governed by the California Probate Code and are handled by the Superior Court in the county where the deceased person lived at the time of death.
When is Probate Required in California?
Probate is generally required in California when a deceased person’s estate includes assets that exceed certain value thresholds and are not otherwise set up to transfer automatically to heirs. Understanding when probate is and is not required is essential for families trying to determine their next steps.
The California Probate Threshold (2026)
Under California Probate Code §13100–13116, as amended by Assembly Bill 2016 (AB 2016) effective April 1, 2025, estates with total non-real-estate assets valued at $208,850 or less may qualify for simplified transfer procedures using a small estate affidavit. This means that families may be able to collect bank accounts, vehicles, and other personal property without going through formal probate. Additionally, AB 2016 introduced a new provision allowing the transfer of a deceased person’s primary residence valued at $750,000 or less to heirs through a Petition to Determine Succession to Real Property, without requiring full probate proceedings—provided all heirs agree in writing.
For estates with assets exceeding these thresholds that are not held in trust, joint tenancy, or another non-probate transfer mechanism, formal probate is generally required.
Assets That Typically Require Probate
Assets that typically require probate include real property held solely in the deceased person’s name, bank and investment accounts without beneficiary designations or payable-on-death designations, vehicles titled solely in the deceased person’s name, personal property such as jewelry, art, collectibles, and furnishings, business interests and partnership shares, and any other assets not covered by a trust, beneficiary designation, or joint ownership arrangement.
Assets That Typically Avoid Probate
Assets that typically pass outside of probate include property held in a revocable living trust, life insurance policies with named beneficiaries, retirement accounts (IRAs, 401(k)s) with named beneficiaries, bank accounts with payable-on-death (POD) designations, investment accounts with transfer-on-death (TOD) designations, real property held in joint tenancy with right of survivorship, and community property with right of survivorship.
The California Probate Process: A Step-by-Step Overview
The California probate process follows a structured series of steps, each governed by specific provisions of the California Probate Code. While every estate is different, the general process proceeds as follows.
Probate is the legal process through which a California court supervises the administration of a deceased person’s estate. When someone passes away, their assets do not automatically transfer to their heirs or beneficiaries. Instead, the probate court oversees the process of validating the will (if one exists), appointing a personal representative to manage the estate, identifying and appraising all assets, notifying and paying creditors, resolving any disputes, and distributing the remaining assets according to the will or California’s intestate succession laws.
Not every asset goes through probate. Assets held in a living trust, accounts with named beneficiaries (such as life insurance and retirement accounts), property held in joint tenancy with right of survivorship, and community property with right of survivorship typically pass outside of probate. However, any assets that are solely in the deceased person’s name and do not have a designated transfer mechanism must generally go through the probate process.
In California, probate proceedings are governed by the California Probate Code and are handled by the Superior Court in the county where the deceased person lived at the time of death.
Step 1: Filing the Petition for Probate
The probate process begins when an interested person—typically the executor named in the will or a family member—files a Petition for Probate with the Superior Court in the county where the deceased person lived. The petition asks the court to admit the will to probate (if one exists), appoint a personal representative, and authorize administration of the estate. The court filing fee for a probate petition in California is currently $435 under California Government Code §70650.
Step 2: Notice to Heirs, Beneficiaries, and Creditors
After the petition is filed, notice must be given to all known heirs, beneficiaries, and creditors. Under California Probate Code §9052, a notice of the petition must also be published in a local newspaper of general circulation to notify any unknown creditors. Effective January 1, 2026, under Assembly Bill 1521, personal representatives now have an additional notice requirement: if the deceased person had an existing child support obligation, notice must also be given to the Director of the Department of Child Support Services (DCSS) under California Probate Code §9202.
Step 3: Court Hearing and Appointment of Personal Representative
The court schedules a hearing, typically 30 to 45 days after the petition is filed. At the hearing, if no objections are raised, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), officially appointing the personal representative. This appointment gives the personal representative legal authority to act on behalf of the estate.
Step 4: Inventory and Appraisal of Assets
Within four months of appointment, the personal representative must file an Inventory and Appraisal of all estate assets with the court. The court appoints a probate referee—an independent appraiser—to value non-cash assets. The probate referee’s fee is set by statute at 0.1% of the total appraised value of the assets under California Probate Code §8961.
Step 5: Creditor Claims Period
After notice is published, creditors have a specific period to file claims against the estate. Under California Probate Code §9100, creditors who receive direct notice generally have 60 days from the date of the notice to file a claim. For creditors who learn of the death through the published notice, the deadline is four months from the date Letters are issued. The personal representative reviews each claim and may accept, reject, or negotiate it.
Step 6: Payment of Debts, Taxes, and Expenses
Before any assets can be distributed to beneficiaries, the personal representative must pay all valid debts, taxes, and administrative expenses of the estate. This includes outstanding bills, final income tax returns, and any estate taxes owed. The personal representative is also responsible for maintaining and protecting estate assets during this period.
Step 7: Distribution of Assets and Closing Estate
Once all debts and taxes are paid, the personal representative files a Petition for Final Distribution with the court. This petition includes a final accounting of all estate transactions and a proposed plan for distributing the remaining assets to the beneficiaries. After court approval, the personal representative distributes the assets, files receipts with the court, and the estate is officially closed.
TESTIMONIALS
What People Are Saying
How Long Does Probate Take in California?
Probate in California typically takes nine to eighteen months for straightforward estates. However, more complex estates—particularly those involving real estate, business interests, creditor disputes, or will contests—can take significantly longer, sometimes two years or more. The timeline is affected by the size and complexity of the estate, whether any creditors file claims, whether any beneficiaries or heirs contest the will, real estate transactions within the estate, the efficiency and scheduling of the local probate court, and whether the personal representative has authority for independent administration.
Independent Administration of Estates Act (IAEA) authority, granted under California Probate Code §10400–10600, can significantly speed up the process by allowing the personal representative to take many actions—such as paying debts, selling property, and distributing assets—without obtaining separate court approval for each transaction.
How Much Does Probate Cost in California?
Probate in California is widely recognized as one of the most expensive in the country. The costs are calculated based on the gross value of the estate—meaning mortgages and other debts are not subtracted when determining fees. Understanding these costs is essential for executors and families.
Statutory Attorney and Executor Fees (Probate Code §10810)
Under California Probate Code §10810, both the attorney for the personal representative and the personal representative (executor or administrator) are entitled to the same statutory compensation, calculated as a percentage of the gross estate value. The statutory fee schedule is as follows: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9,000,000, 0.5% on the next $15,000,000, and a reasonable amount determined by the court for amounts above $25,000,000.
For example, for an estate with a gross value of $1,000,000, the statutory fee for the attorney is $23,000, and the personal representative is also entitled to $23,000—for a combined total of $46,000 in statutory fees alone. These fees are paid from the estate.
Additional Probate Costs
In addition to statutory fees, estates may incur court filing fees ($435 for the initial petition and $435 for the final distribution under California Government Code §70650), probate referee fees (0.1% of appraised asset value), publication costs for creditor notices ($200–$500), bond premiums if required by the court (typically 0.5%–1% of estate value annually), extraordinary attorney fees for complex matters such as litigation, real estate sales, or tax disputes (subject to court approval under Probate Code §10811), and costs for certified copies, recording fees, and other administrative expenses.
Who Needs a California Probate Attorney?
While California law does not require you to hire an attorney for probate, the process involves strict legal deadlines, complex court filings, and fiduciary responsibilities that carry personal liability if handled incorrectly. Below are the most common situations where working with an experienced California probate attorney is especially important.
Executors and Personal Representatives
If you have been named as the executor in a loved one’s will or appointed by the court as the administrator of an estate, you are taking on significant legal and financial responsibilities. You are personally liable for properly managing the estate, paying debts and taxes, and distributing assets according to the will or California law. A probate attorney guides you through every step, helps you meet all deadlines, and protects you from personal liability.
Surviving Spouses and Domestic Partners
When your spouse or domestic partner passes away, understanding how community property, separate property, and survivorship rights affect the estate is critical. California’s community property laws mean that not all assets may need to go through probate, but determining which assets do and which do not requires careful legal analysis. A probate attorney can also help you file a Spousal Property Petition under California Probate Code §13650 to confirm your community property interest without full probate.
Beneficiaries and Heirs
If you are named as a beneficiary in a will or stand to inherit under California’s intestate succession laws, you have legal rights that deserve protection. A probate attorney can help you understand the timeline for receiving your inheritance, review the personal representative’s accounting, and take action if you believe the estate is being mismanaged or your rights are being violated.
Blended Families
Probate for blended families—where the deceased had children from a prior relationship and a surviving spouse from a later marriage—can involve competing interests and heightened potential for disputes. A probate attorney helps ensure that the terms of the will are honored and that all parties are treated fairly under California law.
Business Owners and Their Families
When a business owner passes away, their business interests—whether a sole proprietorship, partnership, LLC, or corporation—become part of the estate. Probate involving business assets requires careful management to prevent disruption to operations, employees, and partners. A probate attorney can help facilitate an orderly transition of business interests while fulfilling the estate’s legal obligations.
Families with Real Estate
Real estate is often the most valuable and complex asset in a California probate estate. Whether the family home needs to be transferred to an heir, sold during probate, or addressed under Proposition 19’s property tax reassessment rules, a probate attorney ensures the transaction is handled correctly and in compliance with court requirements.
Families with Special Needs Beneficiaries
If a beneficiary has special needs and relies on government benefits such as Medi-Cal or SSI, receiving an inheritance directly could disqualify them from those benefits. A probate attorney can help ensure that inheritances are directed into a special needs trust to provide supplemental support without jeopardizing benefit eligibility—an especially important consideration given the reinstated Medi-Cal asset test in 2026.
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What Happens When Someone Dies Without a Will in California?
When someone dies without a valid will in California, they are said to have died “intestate.” In this situation, the California Probate Code’s intestate succession rules under §6400–6414 determine who inherits the deceased person’s property. The probate court appoints an administrator to manage the estate, and the estate is distributed according to the following general order of priority.
If the deceased had a surviving spouse but no children, parents, or siblings, the spouse typically inherits the entire estate. If there is a surviving spouse and children, the spouse receives all community property, plus either one-third or one-half of the separate property depending on how many children survive. If there are children but no surviving spouse, the children inherit everything equally. If there is no surviving spouse and no children, the estate passes to the deceased person’s parents, then siblings, then more distant relatives. If no heirs can be found, the estate ultimately passes to the State of California through a process called escheatment.
Dying intestate also means the deceased had no say in who serves as the administrator, who receives specific items of personal or sentimental value, or who would serve as guardian for minor children. The probate process for intestate estates can be more complex and contentious, making legal guidance especially valuable.
Strategies to Avoid or Minimize Probate in California
Many California families prefer to avoid probate when possible due to the cost, time, and public nature of the process. Several legal strategies can help reduce or eliminate the assets that must pass through probate.
Revocable Living Trust
The most comprehensive way to avoid probate is by creating a revocable living trust and transferring your assets into the trust during your lifetime. Assets held in a trust pass directly to your beneficiaries according to the trust’s terms, without court involvement. At Seasons Law, most of our estate plans include both a revocable living trust and a pour-over will to ensure complete coverage.
Beneficiary Designations
Life insurance policies, retirement accounts (IRAs, 401(k)s), and some bank and investment accounts allow you to name beneficiaries directly. When you pass away, these assets transfer to your named beneficiaries without probate. It is essential to keep your beneficiary designations up to date, especially after major life events like marriage, divorce, or the birth of a child.
Joint Tenancy and Community Property with Right of Survivorship
Real property and financial accounts held in joint tenancy or as community property with right of survivorship automatically pass to the surviving owner upon death, bypassing probate entirely. However, joint ownership should be used carefully, as it can create unintended tax consequences and expose the property to the other owner’s creditors.
Payable-on-Death and Transfer-on-Death Designations
California allows you to add payable-on-death (POD) designations to bank accounts and transfer-on-death (TOD) designations to securities and brokerage accounts. These designations allow the assets to pass directly to your named beneficiaries without probate upon your death.
Small Estate Procedures
Under California Probate Code §13100–13116, as updated by AB 2016, estates with non-real-estate assets valued at $208,850 or less may use a small estate affidavit to collect assets without formal probate. Additionally, primary residences valued at $750,000 or less may qualify for a simplified court petition to transfer the property to heirs. These simplified procedures can save families significant time and expense.
2026 California Law Updates That Affect Probate
California probate law is not static. Several important changes have taken effect in 2025 and 2026 that may directly affect how your loved one’s estate is administered. Staying current with these changes is one of the key reasons to work with an attorney who actively monitors legal developments.
AB 2016: Updated Small Estate Threshold and Residential Succession
Assembly Bill 2016, effective April 1, 2025, increased the small estate affidavit threshold from $184,500 to $208,850 for non-real-estate assets. AB 2016 also introduced a new provision allowing heirs to petition the court for transfer of a deceased person’s primary residence valued at $750,000 or less without going through full probate, provided all heirs agree in writing to the transfer. This change aims to reduce the burden on middle-class California families, though limitations apply—only a principal residence qualifies (not vacation homes or rental properties), and the property must be valued at its date-of-death fair market value without subtracting mortgages or liens.
AB 1521: New Probate Notice Requirements
Assembly Bill 1521, effective January 1, 2026, amends California Probate Code §9202 to expand the notice obligations of personal representatives. Under this legislation, if the deceased person had an existing child support obligation, the personal representative must now provide notice to the Director of the Department of Child Support Services (DCSS). The statute also now expressly allows electronic notice submission through the DCSS website. Once DCSS receives notice, the local child support agency has four months to assert a creditor’s claim against the estate.
AB 565: Streamlined Representation of Contingent Beneficiaries
Assembly Bill 565, also effective January 1, 2026, reformed California Probate Code §15804, creating new efficiencies for executors and trustees dealing with contingent beneficiaries. The revised statute allows living members of certain beneficiary classes to represent and bind other potential class members, reducing the need for guardian ad litem appointments and streamlining probate and trust proceedings.
Federal Estate Tax Exemption: $15 Million Per Person
The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, raised the federal estate and gift tax exemption to $15 million per individual and $30 million per married couple, effective January 1, 2026. Unlike previous legislation, this increase has no sunset provision, and beginning in 2027, the exemption will be indexed for inflation. The generation-skipping transfer (GST) tax exemption also increased to $15 million. The federal estate tax rate remains at 40% for amounts exceeding the exemption. California does not impose its own separate state estate tax or inheritance tax.
Medi-Cal Asset Test Reinstated
Effective January 1, 2026, California has reinstated the Medi-Cal asset test for certain non-MAGI eligibility categories, including long-term care and aged/disabled programs. The asset limits are $130,000 for an individual and $195,000 for a married couple. California has also implemented a 30-month lookback period, meaning Medi-Cal will review whether assets were transferred for less than fair market value during the 30 months preceding an application. This change is particularly relevant for families administering estates where the deceased person was receiving or planning to receive Medi-Cal benefits, and for families whose own estate plans need to account for potential Medi-Cal eligibility and long-term care considerations.
Proposition 19 and Property Tax Reassessment
California’s Proposition 19 continues to affect how real property transfers are handled during probate. When a home passes to a child through probate, the property may be reassessed for property tax purposes unless the child uses it as their primary residence and the property’s fair market value does not exceed the parent’s assessed value by more than $1 million. This has significant implications for families with California real estate in the probate estate and is an important consideration when advising heirs about whether to keep or sell inherited property.
Probate vs. Trust Administration: What Is the Difference?
One of the most common questions families ask is how probate compares to trust administration. While both processes involve distributing a deceased person’s assets, they differ significantly in terms of court involvement, cost, timeline, and privacy.
Probate is a court-supervised process that requires filing petitions, attending hearings, and obtaining court approval for major actions. It is a public proceeding, meaning the will, inventory, and other documents become part of the public record. Probate fees are set by statute and are calculated based on the gross value of the estate. Probate typically takes nine to eighteen months or longer.
Trust administration, by contrast, is generally a private process that does not require court involvement. The successor trustee manages and distributes trust assets according to the terms of the trust document. There are no statutory fees, and the process can often be completed in a matter of months. Trust documents remain private and are not filed with the court.
For many California families, the most effective estate planning approach combines a revocable living trust with a pour-over will. The trust holds your major assets and avoids probate, while the pour-over will catches any assets not transferred into the trust and names guardians for minor children. At Seasons Law, we help you determine the right approach for your situation.
What Does a California Probate Attorney Do?
A California probate attorney guides personal representatives, heirs, and beneficiaries through every stage of the probate process. At Seasons Law, our probate services include filing the initial Petition for Probate and all subsequent court documents, advising the personal representative on their fiduciary duties and legal obligations, preparing and filing the Inventory and Appraisal with the probate referee, managing the creditor claims process including evaluating, accepting, and rejecting claims, ensuring compliance with all statutory notice requirements including the new AB 1521 obligations, handling real estate transactions within the estate including court-confirmed and IAEA sales, preparing final income tax returns and estate tax returns when applicable, preparing the Petition for Final Distribution and final accounting, representing clients in probate disputes and will contests, assisting surviving spouses with Spousal Property Petitions, and guiding families through small estate affidavit procedures when full probate is not required.
At Seasons Law, we handle each of these responsibilities with the care and attention your family deserves, so you can focus on healing and moving forward.
Why Families Choose Seasons Law for Probate in California
Since 2016, Seasons Law, P.C. has helped families throughout the Sacramento region and across California navigate probate with compassion and professionalism. Here is what sets our approach apart.
We offer a client-centered approach—we listen first and build a strategy that reflects your family’s unique circumstances, not a one-size-fits-all approach. We provide empathetic guidance because we understand that probate often arrives during one of the most difficult periods of your life, and we treat every conversation with the sensitivity it deserves. Our attorney, Tracy Poston Shows, has been recognized as a Lawyer of Distinction (2020), voted Best Attorney by Style Magazine (2019), and awarded the Placer County Pro Bono Attorney award by the Placer County Bar Association (2015). She brings over 30 years of legal experience and a genuine dedication to each client’s well-being. We serve all of California from our conveniently located Roseville office, with flexible scheduling to meet your needs. We believe in education and empowerment—we do not just handle the paperwork; we make sure you understand every aspect of the process so you feel confident in the decisions being made.
Schedule Your Probate Consultation Today
Navigating probate does not have to feel overwhelming. At Seasons Law, P.C., we make the process clear, manageable, and compassionate at every step.
Whether you have just lost a loved one and need guidance on next steps, have been named as an executor and want to understand your responsibilities, or are a beneficiary with questions about the probate process, we are here to help. Call us at (916) 786-7515 or email info@seasonslaw.com to schedule your initial consultation. You can also use the contact form on this page to get started.
Located at 2270 Douglas Blvd, Suite 120, Roseville, CA 95661, Seasons Law proudly serves clients throughout the Sacramento region, including Roseville, Rocklin, Granite Bay, Lincoln, Folsom, El Dorado Hills, Citrus Heights, Carmichael, Fair Oaks, Orangevale, Auburn, Loomis, and all of California.
california probate FAQs
What is probate in California?
Probate is the court-supervised legal process of administering a deceased person’s estate in California. It involves validating the will (if one exists), appointing a personal representative, identifying and appraising assets, notifying and paying creditors, and distributing the remaining assets to beneficiaries. Probate proceedings are governed by the California Probate Code and
are handled by the Superior Court in the county where the deceased person resided.
How long does probate take in California?
Probate in California typically takes nine to eighteen months for straightforward estates. Complex estates, particularly those involving real estate sales, business interests, creditor disputes, or will contests, can take two years or longer. Factors that affect the timeline include the size and complexity of the estate, whether the personal representative has independent
administration authority, whether any disputes arise, and the scheduling efficiency of the local probate court.
How much does probate cost in California?
Probate costs in California are based primarily on the gross value of the estate. Under California Probate Code §10810, both the attorney and the personal representative are entitled to statutory fees calculated on a tiered percentage basis: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and 1% on the next $9,000,000. For a $1,000,000 estate,
combined statutory fees for the attorney and personal representative total approximately $46,000. Additional costs include court filing fees, probate referee fees, publication costs, and potential bond premiums.
Do I need a probate attorney in California?
California law does not require you to hire an attorney for probate. However, the probate process involves strict legal deadlines, complex filings, fiduciary duties, and potential personal liability for the personal representative. Errors or missed deadlines can result in delays, additional costs, or legal challenges. For most families, working with an experienced California
probate attorney provides essential guidance and protection throughout the process.
What is the California probate threshold in 2026?
As updated by Assembly Bill 2016 (effective April 1, 2025), the small estate affidavit threshold for non-real-estate assets is $208,850. Estates below this threshold may qualify for simplified transfer procedures without formal probate. Additionally, primary residences valued at $750,000 or less may be transferred to heirs through a simplified court petition, provided all heirs agree in writing.
What does an executor do during California probate?
An executor (also called a personal representative) is responsible for filing the will and petition for probate with the court, obtaining Letters Testamentary, identifying and collecting all estate assets, notifying heirs, beneficiaries, and creditors, working with the probate referee to appraise assets, paying valid debts and taxes from the estate, managing estate property during the probate process, distributing remaining assets to beneficiaries according to the will, and filing a final accounting with the court. Executors have a fiduciary duty to act in the best interest of the estate and its beneficiaries.
Can I avoid probate in California?
Yes. The most effective way to avoid probate is by creating a revocable living trust and transferring your assets into the trust during your lifetime. Other strategies include naming beneficiaries on life insurance and retirement accounts, using payable-on-death and transfer-on-death designations on bank and investment accounts, holding property in joint tenancy or
community property with right of survivorship, and utilizing California’s small estate procedures for qualifying estates. Proper estate planning with an experienced attorney can significantly reduce or eliminate the assets that must pass through probate.
What is the difference between probate and trust administration?
Probate is a court-supervised process that validates a will, settles debts, and distributes assets under judicial oversight. Trust administration is a generally private process where a successor trustee manages and distributes trust assets according to the trust document without court involvement. Probate is public, subject to statutory fees, and typically takes nine to eighteen
months. Trust administration is private, has no statutory fees, and can often be completed more quickly.
How are probate attorney fees calculated in California?
Probate attorney fees in California are set by statute under Probate Code §10810 and are based on the gross value of the estate (before subtracting debts). The fee schedule is: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9,000,000, and 0.5% on the next $15,000,000. The personal representative is entitled to the
same fee. Attorneys may also request additional “extraordinary” fees for complex matters, subject to court approval under Probate Code §10811.
What is independent administration of estates in California?
The Independent Administration of Estates Act (IAEA), codified in California Probate Code §10400–10600, allows a personal representative to take many actions during probate without obtaining separate court approval for each one. This includes paying debts, selling personal property, and making distributions. Independent administration can significantly reduce the time and cost of probate. The personal representative must still provide notice to beneficiaries before taking certain actions, and beneficiaries retain the right to object.
Can a will be contested during California probate?
Yes. A will can be contested in California probate court on several grounds, including that the testator lacked mental capacity at the time the will was executed, that the will was the product of undue influence, fraud, or duress, that the will was not properly executed under California Probate Code requirements, or that a newer will exists. Will contests can significantly delay probate and increase costs. Working with an experienced probate attorney can help protect the estate against frivolous challenges or, if you are contesting a will, ensure your legal rights are properly represented.
What is a small estate affidavit in California?
A small estate affidavit is a simplified legal procedure under California Probate Code §13100–13116 that allows heirs to collect a deceased person’s personal property assets (such as bank accounts, vehicles, and personal belongings) without going through formal probate. As updated by AB 2016, estates with non-real-estate assets valued at $208,850 or less may qualify. The affidavit can be used 40 days after the deceased person’s death and requires a declaration under penalty of perjury that the estate qualifies.
How does Proposition 19 affect property inherited through probate?
Under Proposition 19, real property inherited through probate may be reassessed for property tax purposes unless the inheriting child uses the property as their primary residence and the property’s fair market value does not exceed the parent’s assessed value by more than $1 million. This can result in a significant property tax increase for children who inherit California real estate but do not move into the property. Families with real estate in a probate estate should carefully evaluate the Proposition 19 implications before deciding whether to keep or sell the inherited property.
What is the federal estate tax exemption in 2026?
Under the One Big Beautiful Bill Act signed in July 2025, the federal estate and gift tax exemption is $15 million per individual and $30 million per married couple for 2026. This exemption has no sunset provision and will be adjusted for inflation beginning in 2027. The generation-skipping transfer (GST) tax exemption also increased to $15 million. California does not impose a separate state estate tax or inheritance tax. The federal estate tax rate remains at 40% for estates exceeding the exemption amount.
What is a Spousal Property Petition in California?
A Spousal Property Petition under California Probate Code §13650 allows a surviving spouse or domestic partner to confirm their ownership of community property and receive the deceased spouse’s share of community property without going through full probate. This is a faster and less expensive alternative to probate for qualifying assets and is an important tool that a California probate attorney can help you evaluate.
What are the new probate notice requirements under AB 1521?
Assembly Bill 1521, effective January 1, 2026, amends Probate Code §9202 to require personal representatives to notify the Director of the Department of Child Support Services (DCSS) if the deceased person had an existing child support obligation. The notice can be submitted electronically through the DCSS website or by traditional mail. Once notified, the local child
support agency has four months to file a creditor’s claim against the estate.
How does the reinstated Medi-Cal asset test affect probate?
Effective January 1, 2026, California reinstated the Medi-Cal asset test for long-term care and aged/disabled eligibility categories, with limits of $130,000 for individuals and $195,000 for couples. A 30-month lookback period also applies, meaning Medi-Cal will review asset transfers made during the 30 months before an application. For families administering an estate, this means that Medi-Cal may assert claims against the probate estate for benefits paid to the deceased person. California limits Medi-Cal recovery to the probate estate, so assets properly held in a living trust, joint tenancy, or with transfer-on-death designations generally avoid recovery.
Can I sell a house during probate in California?
Yes. Real estate can be sold during probate in California, but the process depends on whether the personal representative has full or limited authority under the Independent Administration of Estates Act (IAEA). With full IAEA authority, the personal representative can sell property after providing notice to beneficiaries. Without IAEA authority, the sale must be confirmed by the court, and the court may allow overbidding at a confirmation hearing. A probate attorney can guide you through the specific requirements for your situation.
What is the creditor claims process in California probate?
After a personal representative is appointed and notice is published, creditors have a limited time to file claims against the estate. Creditors who receive direct notice generally have 60 days from the date of notice to file a claim under Probate Code §9100. Creditors who learn of the death through published notice have four months from the date Letters are issued. The personal representative must review each claim and decide whether to accept, reject, or negotiate it. Rejected claims may lead to litigation if the creditor chooses to pursue the matter in court.
What happens to digital assets during California probate?
Digital assets—including email accounts, social media profiles, cryptocurrency, cloud storage, online banking, and digital media libraries—are part of the deceased person’s estate and may need to be addressed during probate. Under California’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), the personal representative may have authority to access and manage digital assets, depending on the terms of the will, the deceased person’s online tool settings, and the platform’s terms of service. Beginning in 2026, new California regulations also protect digital assets like cryptocurrency from forced liquidation under the state’s Unclaimed Property Law.
How does community property affect probate in California?
California is a community property state, meaning most assets acquired by either spouse during the marriage are owned equally by both spouses. When one spouse dies, their half of community property is subject to probate unless it is held in a trust or otherwise designated to transfer outside of probate. The surviving spouse’s half of community property is not part of the probate estate. A surviving spouse may also file a Spousal Property Petition to confirm their community property interest without full probate.
What is an AB 2016 residential succession petition?
Under Assembly Bill 2016 (effective April 1, 2025), heirs may petition the court to transfer a deceased person’s primary residence valued at $750,000 or less without going through full probate. This is called a Petition to Determine Succession to Real Property. The petition requires all heirs to agree in writing to the transfer, the property must be the deceased person’s
principal residence (not a vacation home or rental), and the valuation is based on date-of-death fair market value without deducting mortgages or liens. If any heir disagrees or cannot be located, full probate may be required.
Does Seasons Law serve clients outside of Roseville for probate matters?
Yes. While our office is located in Roseville, California, Seasons Law serves clients throughout the Sacramento region, including Rocklin, Granite Bay, Lincoln, Folsom, El Dorado Hills, Citrus Heights, Carmichael, Fair Oaks, Orangevale, Auburn, Loomis, and beyond. We also serve clients across the entire state of California.
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