Probate Attorney in Los Angeles
Serving Personal Representatives Throughout Los Angeles County and All of California
If you have recently lost a loved one and are facing the California probate process, you probably have a lot of questions. What happens next? How long will probate take? What are your responsibilities as an executor or administrator? What if the estate includes a home, investment accounts, unpaid debts, or family members who do not agree?
California probate can feel overwhelming, especially while you are grieving. The good news is that you do not have to figure it out alone.
At Best Coast Estate Law, we work closely with personal representatives, also called executors and administrators, to guide them through every step of the probate process. Our goal is to make the process as clear and manageable as possible while protecting you from costly mistakes, missed deadlines, and unnecessary stress.
Our probate practice is based in Burbank and serves clients throughout Los Angeles County and across California. We regularly assist with probate matters handled through the Los Angeles Superior Court Probate Division, and we help personal representatives understand what is required at every stage.
Have questions about a probate matter? Call us today at (626) 390-5953 for a free consultation, or fill out the form below.
What Is Probate in California?
Probate is the court-supervised legal process of administering a deceased person’s estate.
In California, probate is generally required when someone passes away owning assets solely in their own name, with no trust, no joint owner, and no beneficiary designation. The probate court oversees the process to make sure debts are paid, assets are properly valued, and the remaining property is distributed to the correct heirs or beneficiaries.
For example, if a parent owned a home in Los Angeles County in their name alone and never created a living trust, that property will need to pass through probate before ownership can be transferred to heirs.
Does Every Estate Need Probate?
No. Not every estate requires a full probate.
One of the first questions we help families answer is whether probate is actually required. The answer depends on how the deceased person’s assets were owned, whether beneficiary designations were in place, and whether planning was done before death.
In many situations, assets can transfer without a formal probate proceeding.
Examples include:
- Assets held in a revocable living trust
- Real estate owned in joint tenancy with right of survivorship
- Life insurance policies with named beneficiaries
- Retirement accounts with designated beneficiaries
- Payable-on-death (POD) and transfer-on-death (TOD) accounts
- Estates that qualify for California’s small estate procedures
- Primary residence valued under $750,000
Because every estate is different, we evaluate these issues at the beginning of every matter to determine whether a full probate is actually necessary.
Probate is often necessary, but it is rarely simple. Most personal representatives find themselves responsible for court filings, notices, creditor claims, appraisals, accounting requirements, and communication with beneficiaries. Our role is to guide clients through each of these responsibilities and make sure the estate is administered properly from start to finish.
The California Probate Process
While every estate is unique, most California probate matters follow the same general path.
STEP 1 →
Opening the Probate Estate
The process begins when a petition is filed with the court requesting appointment of a personal representative. This may be an executor named in a will or an administrator appointed when there is no will.
Once the court approves the appointment, it issues Letters Testamentary or Letters of Administration. These documents give the personal representative legal authority to act on behalf of the estate.
STEP 2 →
Notifying Heirs, Beneficiaries, and Creditors
California law requires notice to be given to heirs, beneficiaries, interested parties, and known creditors. Certain notices must also be published.
Our office handles the required notices and publication on behalf of our clients so deadlines are met and the administration stays on track.
STEP 3 →
Identifying and Valuing Estate Assets
The personal representative must identify, collect, and value the assets owned by the deceased person at the time of death.
This may include:
- Real estate
- Bank accounts
- Investment accounts
- Personal property
- Business interests
- Vehicles
- Other assets owned in the decedent’s name
When required, a court-appointed probate referee appraises non-cash assets. These values are important because they help determine the gross estate value and the statutory attorney and personal representative fees.
STEP 4 →
Managing Creditor Claims and Paying Debts
Creditors have a limited period of time to file claims against the estate. In California, this is generally four months from the date the personal representative is appointed, or 60 days from the date notice is mailed, whichever is later.
Our attorneys help make sure creditor notices are handled correctly, valid claims are addressed, and deadlines are properly managed.
STEP 5 →
Selling Real Estate, If Needed
If the estate includes real property, it may need to be sold to pay debts, divide assets, or complete distribution to beneficiaries.
Probate real estate sales can involve additional court requirements. Our office works with the personal representative, realtor, escrow officer, and title company to make sure the required notices, documents, and approvals are handled correctly. We often assist our clients in hiring the right people to clean out the property and prepare for sale.
STEP 6 →
Managing the Estate During Probate
Throughout the probate process, the personal representative is responsible for safeguarding estate assets, keeping records, paying valid expenses, and managing the estate’s finances.
This is where many personal representatives feel the most pressure. We guide clients through these obligations so nothing is overlooked and personal liability is avoided whenever possible.
STEP 7 →
Preparing the Final Accounting
Once debts are paid and assets are accounted for, our office prepares the final accounting and petition for distribution.
The final accounting explains what came into the estate, what was paid out, and what remains to be distributed. The petition for distribution asks the court to approve the final transfer of estate assets to the heirs or beneficiaries.
STEP 8
Distributing Assets and Closing the Estate
After court approval, the remaining estate assets can be distributed. Our office obtains the necessary orders and certified documents clients need to transfer assets, close accounts, record deeds, and complete the probate process.
How Long Does Probate Take in Los Angeles?
A typical Los Angeles probate takes one to two years from the date the personal representative is appointed.
The timeline depends on several factors, including:
- The size and complexity of the estate
- Whether real estate needs to be sold
- Whether creditor claims are disputed
- Whether beneficiaries contest the will or administration
- Court scheduling and hearing availability
- Whether all required documents are filed correctly and on time
Some waiting periods are required by California law and cannot be shortened. However, an experienced Los Angeles probate attorney can help prevent unnecessary delays by keeping filings, notices, creditor issues, and accountings on track.
California Probate Attorney Fees What You Will Pay
Many families are surprised to learn that California probate attorney fees are set by statute- meaning every attorney is paid the same amount, regardless of experience or expertise.
In California, probate attorney fees are calculated as a percentage of the gross appraised value of the probate estate, not the net value. This means the fee is based on the total value of the assets, even if there is a mortgage, debt, or other liability attached to the property.
The statutory fee schedule is as follows:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9,000,000
- 0.5% of the next $15,000,000
The personal representative is generally entitled to the same statutory compensation as the attorney. Both fees are paid from the estate at the conclusion of probate administration.
For example, on an estate with a gross appraised value of $1,000,000, the statutory attorney fee is $23,000. The personal representative’s fee is also $23,000, for a total of $46,000 in statutory fees before filing fees, publication fees, probate referee fees, and other costs.
Attorney fees do not include court filing fees, publication fees, probate referee fees, or other out-of-pocket costs associated with the administration.
Alternatives to Full Probate in California
Not every estate requires a full formal probate. Depending on the size and nature of the assets involved, there may be faster and less expensive options available.
Small Estate Affidavit
If the total value of the probate assets is $208,850 or less for deaths on or after April 1, 2025, heirs may be able to use a simplified small estate affidavit process to collect certain assets without filing a full probate.
This process can generally be used 40 days after the date of death. It can save significant time and expense, and it is something our attorneys evaluate at the beginning of every matter.
Spousal Property Petition
If your spouse passed away with assets that were not held in joint tenancy or as community property with right of survivorship, a spousal property petition may allow you to transfer those assets through a streamlined court process.
This option is available to surviving spouses and registered domestic partners in specific circumstances. It is often faster and less expensive than a full probate. Our attorneys can assess your situation and advise whether this option is available.
Trust Administration
The most effective way to avoid probate entirely is through a properly funded revocable living trust.
When a trust is in place and assets have been correctly transferred into it, there is usually no probate. Instead, the successor trustee administers the estate privately, without court involvement, often in weeks or months rather than years.
If you are currently handling a trust administration after a loved one’s passing, our attorneys can guide you through that process as well.
Why Work With a Los Angeles Probate Attorney?
Serving as a personal representative is a significant legal responsibility.
Mistakes, missed deadlines, improper notices, undisclosed assets, or incorrect accountings can expose a personal representative to personal liability. A Los Angeles probate attorney protects you by helping ensure the process is handled correctly from the beginning.
At Best Coast Estate Law, we assist by:
- Preparing and filing required court documents
- Representing you throughout the Los Angeles probate process
- Managing creditor notices and claims
- Coordinating appraisals and probate referee requirements
- Assisting with real estate sales and title transfers
- Preparing the final accounting and petition for distribution
- Helping ensure statutory requirements are met
- Guiding you through each responsibility as personal representative
Our goal is to handle the legal process clearly and efficiently so you can focus on your family, not the paperwork.
About Best Coast Estate Law: Your Los Angeles Probate Attorneys
Women-Owned & Operated
Best Coast Estate Law is a women-owned and operated probate and estate planning law firm founded by attorney Brittany Britton, with offices in Burbank and Palm Springs, California.
Our probate team, including attorney Lisa West, has extensive experience helping personal representatives navigate probate matters throughout Los Angeles County and California. We understand that probate is not just a court process. It often comes at a difficult time for families, when grief, responsibility, and legal deadlines all arrive at once.
We are recognized on Avvo for our commitment to client service and are proud members of the Women’s Lawyer Association of Los Angeles (WLALA) and the Studio City Collaborative. Our clients trust us to handle one of the most challenging legal processes a family can face with expertise, efficiency, and genuine care
Frequently Asked Questions
Our team specializes in simplifying the probate process so you and your loved ones can feel certain about every decision. Start with this overview, and then book a consultation when you’re ready to talk more.
Understanding Probate in California
What is probate and when is it required in California?
Probate is the court-supervised legal process of administering a deceased person’s estate.
In California, probate is generally required when a person dies owning assets solely in their own name, with no living trust, no joint owner with right of survivorship, and no beneficiary designation. If assets are held in a trust, in joint tenancy, or with named beneficiaries, such as life insurance or retirement accounts, they typically pass outside of probate.
Where is probate filed in Los Angeles County?
Probate matters in Los Angeles County are handled through the Los Angeles Superior Court Probate Division – Stanley Mosk Courthouse in downtown Los Angeles.
Our attorneys regularly assist clients with Los Angeles County probate matters and can explain what to expect based on the specific type of probate proceeding involved.
How long does probate take in Los Angeles?
A typical Los Angeles probate takes one to two years from the date the personal representative is appointed by the court.
The timeline depends on the size and complexity of the estate, whether real estate needs to be sold, whether creditor claims are disputed, whether beneficiaries disagree, and court scheduling. Mandatory waiting periods, including the creditor claim period, cannot be shortened, but an experienced probate attorney can help prevent unnecessary delays at every other stage.
How much does probate cost in California?
California probate costs include statutory attorney fees, personal representative fees, court filing fees, publication fees, probate referee fees, and other administrative costs.
Attorney fees are set by statute and calculated based on the gross appraised value of the probate estate. The personal representative is generally entitled to the same statutory fee. On a $1 million estate, statutory attorney and personal representative fees total $46,000 before additional costs.
What assets go through probate in California?
Assets that typically go through probate in California include real estate titled solely in the decedent’s name, bank and investment accounts with no beneficiary designation, personal property above the small estate threshold, and business interests held solely in the decedent’s name.
Assets that generally pass outside of probate include assets held in a living trust, accounts with named beneficiaries, accounts with payable-on-death or transfer-on-death designations, and property held in joint tenancy with right of survivorship.
What is the difference between an executor and a personal representative in California?
In California, these terms are often used interchangeably.
An executor is the person named in a will to administer the estate. An administrator is appointed by the court when there is no will or when the named executor is unable or unwilling to serve. The California Probate Code uses the term “personal representative” to refer to both.
As probate attorneys, we help executors and administrators understand their duties and complete the administration properly.
The Probate Process
What is the first step in the California probate process?
The first step is filing a petition with the court to open the probate estate and have the personal representative formally appointed.
Once the court appoints the personal representative, it issues Letters Testamentary or Letters of Administration. These documents give the personal representative authority to begin administering the estate.
What are Letters Testamentary and Letters of Administration?
Letters Testamentary are issued when the deceased person left a valid will naming an executor.
Letters of Administration are issued when there is no will or when the named executor cannot serve.
Both documents give the personal representative legal authority to act on behalf of the estate. Banks, title companies, financial institutions, and other parties often require these letters before they will work with the personal representative.
What does a probate referee do in California?
A probate referee is an independent appraiser appointed to value certain non-cash assets of the probate estate.
This may include real estate, business interests, stocks, and personal property. The appraised values are used in the Inventory and Appraisal and help determine statutory attorney and personal representative fees.
Can a will be contested during probate in California?
Yes. A will contest is a formal legal challenge to the validity of a will.
Common reasons for a will contest include claims of lack of capacity, undue influence, fraud, or improper execution. Will contests can significantly increase the time and cost of probate, so it is important to speak with a probate attorney as early as possible if you believe a dispute may arise.
Avoiding and Minimizing Probate
How can I avoid probate in California?
The most effective way to avoid probate in California is through a properly funded revocable living trust.
When assets are held in a trust, they can usually pass directly to beneficiaries after death without court involvement. Other probate avoidance tools include beneficiary designations, payable-on-death accounts, transfer-on-death accounts, and joint tenancy with right of survivorship.
A California estate planning attorney can help determine the right combination of tools for your situation.
Learn more about estate planning in Los Angeles.
What is a small estate affidavit in California and when can it be used?
A small estate affidavit may be available when the total value of the decedent’s probate assets is below the California threshold for the applicable date of death.
For deaths on or after April 1, 2025, the threshold is $208,850. The affidavit can generally be used 40 days after the date of death to collect certain assets without opening a full probate case.
Our attorneys can evaluate whether a small estate affidavit is appropriate for your situation.
What is a spousal property petition and who can use it?
A spousal property petition is a simplified court procedure available to surviving spouses and registered domestic partners in California.
It may allow certain assets that belonged to the deceased spouse, particularly community property, to be confirmed to the surviving spouse without a full probate. Eligibility depends on the type of assets and how they were held.
Working With Best Coast Estate Law
What does a Los Angeles probate attorney do?
A Los Angeles probate attorney guides the personal representative through the court-supervised probate process from the initial petition through final distribution.
This includes preparing court documents, managing notices, addressing creditor claims, coordinating asset appraisals, assisting with real estate issues, preparing the final accounting, communicating with interested parties and obtaining the court orders needed to close the estate.
At Best Coast Estate Law, we handle every aspect of probate on our clients’ behalf.
How do I get started with Best Coast Estate Law on a probate matter?
The first step is a free consultation with one of our probate attorneys.
We will review the basic facts of the estate, explain the process and timeline, answer your questions, and advise you on the best path forward. Depending on the estate, that may be a full probate, a small estate affidavit, a spousal property petition, trust administration, or another option.
You can reach us at (626) 390-5953 or contact us through the form on this page.
Does Best Coast Estate Law handle probate matters outside of Los Angeles?
Yes. While our primary probate practice is in Los Angeles County, Best Coast Estate Law serves clients throughout every California county.
We also handle estate planning and probate matters for clients in the Coachella Valley from our Palm Springs office. Contact us to discuss your specific situation.
Don't Navigate Probate Alone. We're Here to Help.
Serving as a personal representative is a significant legal responsibility, and the California probate process can feel overwhelming without experienced guidance.
At Best Coast Estate Law, we handle every step on your behalf so you can focus on what matters most.
Call us today at (626) 390-5953 for a free consultation, or fill out the form below. We will walk you through the process, answer your questions, and give you a clear picture of what to expect.
Serving Los Angeles County and all of California. Offices in Burbank and Palm Springs. In-home appointments available.
