Whether you need to navigate probate after a loved one's passing — or avoid it entirely with a living trust — LAESQUIRE guides families in Chatsworth, Northridge, Porter Ranch, Granada Hills, Woodland Hills, West Hills, Simi Valley, and all of the San Fernando Valley through the process with experience and care.
Probate is a public lawsuit you effectively file against your own estate — with your own money — for the protection of creditors. Everything becomes public record. Anyone can look up the value of your home, your bank accounts, who you left your assets to, and how much they received.
Probate is the legal process of administering the estate of a deceased person — resolving all claims and distributing the deceased person's property under their valid will, or according to California law if there is no will. An executor (with a will) or an administrator (without a will) is appointed by the court to collect assets, pay debts and expenses, and distribute the remainder to beneficiaries — all under court supervision.
If a person dies with substantial assets and no trust, the estate goes through the probate court before assets are distributed. The probate process is challenging, intricate, and requires careful attention — especially at a time when a family is grieving.
A petition is filed with the Superior Court. A hearing date is typically set 2–3 months after filing. An executor or administrator is appointed at this first hearing.
Notice of the probate is published. Creditors have four months after publication (or 60 days after actual notice, whichever is later) to file claims against the estate.
All estate assets are inventoried and appraised by a Probate Referee. This establishes the gross value of the estate, which determines attorney fees.
All valid creditor claims, administrative expenses, and applicable taxes are paid from estate assets before any distribution to heirs.
A formal accounting of all assets received and disbursed must be filed with and approved by the court before distribution.
After court approval, remaining assets are distributed to beneficiaries. The estate is then closed. Total time: typically 9–18 months, sometimes longer.
California Probate Code section 10810 sets the maximum statutory attorney fees. Note: debts are not deducted from the estate value for fee calculation purposes. A home appraised at $1,000,000 with an $800,000 mortgage is still a $1,000,000 asset for calculating probate fees.
| Estate Value | Attorney Fee Rate | Fee on That Portion |
|---|---|---|
| First $100,000 | 4% | $4,000 |
| Next $100,000 | 3% | $3,000 |
| Next $800,000 | 2% | Up to $16,000 |
| Next $9,000,000 | 1% | Up to $90,000 |
| Next $15,000,000 | 0.5% | Up to $75,000 |
| Plus court costs (typical) | $1,000–$3,000 | |
Higher fees can be ordered by the court for more complicated estates. The executor or administrator receives the same statutory fee as the attorney. For a $1M home, total fees alone (attorney + personal representative) can easily exceed $40,000.
If a family member has passed without a trust and their estate must go through probate, we can help you administer the will and make the process as painless and efficient as possible. We handle the paperwork, court filings, creditor notices, inventory coordination, accounting, and distribution — guiding you through each step so you can focus on your family.
Contact us as soon as possible. There are time-sensitive deadlines in the probate process, and delays can create complications.
Whether a loved one has passed and probate is unavoidable, or you want to protect your family from ever going through it — LAESQUIRE guides families throughout Chatsworth, Northridge, Porter Ranch, and the San Fernando Valley.
📞 818-714-1789Disclaimer: This page is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed without a signed agreement. Legal services by SNC Law Office, CA Bar #249708