Probate

Close-up of a metallic statue of Lady Justice holding a balance scale, with a blindfold covering her eyes.

What Probate Costs

California sets statutory attorney and executor fees based on the gross value of the probate estate (California Probate Code §10810):

  • 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

On a $1.2 million estate (common in the Bay Area), the statutory attorney fee alone is $25,000. Court filing fees, publication costs, and probate referee fees add to the total. This is one of the strongest arguments for having a trust in place before it’s needed.

Avoiding Probate Going Forward

If you’re going through probate now and want to make sure your own family doesn’t face the same process, we also prepare estate plans designed to avoid probate entirely. 

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If your loved one died without a trust — or with assets that were never properly titled to their trust — those assets may need to pass through California probate. Probate is a court-supervised process for validating a will (if there is one), paying debts, and distributing assets to heirs.

We handle the probate process for families in Santa Clara County, keeping you informed at every step.

When Probate Is Required in California

California generally requires probate when a decedent’s assets not held in trust, joint tenancy, or payable-on-death accounts exceed $208,850 in total value (as of April 1, 2025; this threshold adjusts periodically). The primary residence is exempted up to $750,000. But in Santa Clara County, where the median sale price of a single-family home is well over $1.5 million, probate is triggered more often than families expect.

When Probate Can Be Avoided

Not every death requires formal probate. Smaller estates (under the statutory threshold), assets held in joint tenancy, accounts with named beneficiaries, and property held in trust may all pass outside of probate. California also offers simplified procedures — small estate affidavits and summary administration — for qualifying estates. We can help you assess what, if anything, needs to go through court.

What the Process Looks Like

In California, the formal probate process can take anywhere from 9 months to over two years and includes the following, at a minimum:

  • Filing the petition for probate with the Superior Court

  • Publishing a notice to creditors (required for a minimum statutory period) and notifying other interested parties

  • An initial hearing, where the court appoints the personal representative

  • Inventorying and appraising all probate assets (using a court-appointed probate referee for certain assets)

  • Paying debts, expenses, and taxes from estate funds

  • Filing a petition for final distribution

  • A final hearing, followed by the distribution of assets to heirs

How We Help

  • Full-service probate representation in Santa Clara County Superior Court

  • Small estate affidavits and summary administration where eligible

  • Petition preparation and court filings

  • Creditor notification and claims management

  • Asset inventory, appraisal coordination, and estate accounting

  • Real property transfers and deed preparation

  • Final distribution and closing of the estate

Serving Santa Clara County

If the loved one whose estate needs to be probated was a resident of Santa Clara County, we can help. Contact us for a consultation about your probate matter.