When probate is required
Probate usually happens when someone dies with only a will (no trust), or with no will at all (intestate). Assets that pass by beneficiary designation, joint tenancy or a funded trust generally avoid it.
How much does probate cost?
California sets the base fee for the attorney and, separately, the personal representative (executor) as a percentage of the estate’s gross value (Probate Code §§ 10800, 10810):
| Portion of estate | Statutory fee |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | Reasonable amount set by the court |
Debts such as a mortgage are not subtracted. For example, a $1,000,000 estate produces a $23,000 statutory attorney fee and a $23,000 executor fee. Court filing fees, publication, appraisal and bond costs are additional, and the court may approve extraordinary fees for unusual work.
Alternatives to full probate
- Small estate affidavit for personal property under the limit (Probate Code § 13100).
- Petition to determine succession to real property, including the primary-residence procedure under § 13151 for qualifying homes.
- Spousal or domestic partner property petition (§ 13650).
- Petition to confirm assets belong to a trust when a trust exists but an asset was left out.
How we help
We can help your loved one’s estate avoid probate where possible, or guide you through the process so their wishes are honored and you receive what you are entitled to without facing probate court alone.
Common questions
How long does probate take in San Diego?
Commonly a year or more. Creditors have four months after letters are issued to file claims (Probate Code § 9100), and court calendars, property sales and disputes can extend the timeline.
Can probate be avoided after death?
Sometimes. Small estates, assets with beneficiary designations, and certain spousal or trust-related petitions can avoid full probate. A consultation can identify the simplest path.
General information about California law, not legal advice. Laws and dollar thresholds change; confirm current rules for your situation.