Losing a Loved One is Difficult.
Navigating Probate doesn’t need to be.
Speak with a California Probate Lawyer today.
Not knowing what to do after the loss of a loved one is common, and can be stressful. As it is, you are grieving too.
At J. Henderson Law, you will be guided through the complex web of “what do I do now?” with compassion and ease.
Who gets the house? Do I keep the car? How do I get into the bank account?
Who gets the house? Do I keep the car? How do I get into the bank account?
You have lots of Questions. We have Solutions.
What is Probate?
Probate is the court process to manage a person’s assets after they’ve passed away, with or without a Will. Knowing whether or not probate is necessary can be confusing in itself.
When you consult with J. Henderson Law, at no-cost, we will help you to determine if probate is necessary or not, and what the next steps are.
Common Probate Questions
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When a person passes away, their assets and belongings need to be transferred to someone else. Their taxes need to be filed, and debts need to be paid. These tasks are done through Probate, with the court’s supervision.
Assets that may be subject to probate are assets that are not in a trust, don’t have a joint owner, and do not have a beneficiary.
If there is no real estate and the total value at the date of death of all the assets subject to probate is $184,500 or more, the estate will likely require Probate.
If there is primary residence with a value at the date of death of more than $750,000, the estate will likely require Probate.
*Mobile homes are not generally subject to probate. However, it is important to speak with an attorney to determine which assets are subject to probate.
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The Probate process can be gruesome, which is why some people choose to hire an attorney for help. Below are the most common tasks involved. However, Probate can involve much more, including mediation and trial.
Wills are lodged
Notices are served to parties, creditors and organizations.
Taxes are filed.
Debts are negotiated and paid.
Assets are sold.
Beneficiaries and heirs are given their distributions.
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Probate can take a minimum of 6 months and can last several years, depending on many variables. The first hearing is usually set within 6 weeks from the initial filing. The creditors have 4 months from notice to file a claim against the estate.
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The cost of Probate is set by state law, Probate Code section 10810. By using the California Probate Fee Calculator on this website below, you can get an approximate cost for Probate by entering the total value of the estate (using the value of only assets that are subject to probate).
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Anyone who has standing can start the Probate process. This usually includes family, beneficiaries, executors, and creditors.
The law does provide for priority for Personal Representative (the person who will be responsible for the probate of an estate).
California Probate Fee Calculator
The State of California has set the cost of Probate (Probate Code Section 10810). Using the Probate Fee Calculator, you can get an idea of what the cost of Probate would be for 2025. Enter the approximate value of the estate, only assets subject to Probate, and click on “Calculate Probate Fees”.
(1) Four percent on the first one hundred thousand dollars ($100,000).
(2) Three percent on the next one hundred thousand dollars ($100,000).
(3) Two percent on the next eight hundred thousand dollars ($800,000).
(4) One percent on the next nine million dollars ($9,000,000).
(5) One-half of 1 percent on the next fifteen million dollars ($15,000,000).
(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.
*Calculator is for approximation and informational purposes only. Actual fees are subject to court-order.
Vehicles
If probate of the estate is not necessary, the California DMV provides the forms required to transfer ownership.
Real Estate
If the property has no joint owner, and the value at the date of death is more than $750,000, probate may be required. If probate is not required, a Small Estate Affidavit may be used to transfer ownership.
Bank Accounts
Accounts with $184,500 or more, no joint owners and no pay-on-death beneficiary are subject to probate. Otherwise, a Small Estate Affidavit may be used to access the funds.
Retirement and IRA Accounts
The named beneficiary will be sent their share by the plan administrator. If no beneficiary is named, the funds may be subject to probate.
Personal Belongings
If there is no Will or Trust and the items do not have a joint owner, the State of California has a set of laws that determine who gets what and how much. The belongings may be subject to probate.
Firearms
Firearms and accessories must be handled and transferred in accordance with the law to avoid undesired consequences, including criminal charges.