Probate Attorney – Anaheim & Orange County, CA

What is probate in California? Probate is the court-supervised legal process through which a deceased person’s estate is validated, their debts are paid, and their remaining assets are distributed to heirs or beneficiaries. In California, probate is required when a person dies owning assets in their name alone that exceed $208,850 in gross value. Even in the best of circumstances, probate is a very expensive, time-consuming legal process.

If you are serving as executor of a loved one’s estate, Goodman Estate Law is here to guide you through every step. We help Orange County families navigate California probate with clarity, efficiency, and the steady support that a difficult time demands.

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When Is Probate Required in California?

Not every estate requires probate. Whether probate is necessary depends primarily on how assets were owned at the time of death and whether planning steps, such as a revocable living trust, were in place to avoid it.

Probate is generally required in California when:

Assets exceed the small estate threshold: As of 2026, California requires probate for estates with gross assets exceeding $208,850, where such assets are not held in a trust or subject to a beneficiary designation.

Assets were titled in the decedent’s name alone: Property owned solely by the deceased (with no joint tenant, no beneficiary designation, or no trust) must pass through probate before it can be transferred.

There is no trust, or the trust was not properly funded: A revocable living trust only avoids probate if assets were actually transferred into the trust during the owner’s lifetime. Unfunded trusts may not automatically protect an estate from probate.

There is a will but no trust: A will, on its own, does not avoid probate. It simply tells the court how you want your estate distributed after the probate process has run its course.

Certain assets typically pass outside of probate regardless of estate size. These include: assets held in a revocable living trust; accounts with named beneficiaries (such as life insurance, IRAs, and 401(k)s); jointly owned property with right of survivorship; and accounts designated as payable-on-death or transfer-on-death. Understanding which assets are and are not subject to probate is one of the first things we assess when you come to us.

How Much Does Probate Cost in California?

California probate fees are set by statute under Probate Code sections 10800 and 10810. Both the executor and the probate attorney are each entitled to statutory compensation calculated as a percentage of the gross estate, meaning the total value of probate assets before any debts are subtracted.

The statutory fee schedule is as follows:

4% of the first $100,000 of gross estate value

3% of the next $100,000

2% of the next $800,000

1% of the next $9,000,000

On a $1 million gross estate, the statutory fee for the attorney alone is $23,000, and the executor is entitled to the same amount, bringing the combined statutory cost to $46,000 or more, before accounting for court filing fees, publication costs, appraiser fees, and other administrative expenses.

These fees apply to the gross value of the estate, rather than the net value after mortgages or liens. In other words, a home worth $900,000 with a $500,000 mortgage is still valued at $900,000 for purposes of calculating probate fees. For most Orange County families, this distinction is significant.

By comparison, a properly drafted and funded revocable living trust eliminates probate entirely, and typically costs a small fraction of what probate would cost the estate.

Simple Process

How Long Does Probate Take in Orange County?

For most uncontested estates in Orange County, probate generally takes between twelve and eighteen months from the date of filing to final distribution. Contested estates, meaning those involving will challenges, beneficiary disputes, or complex creditor claims, routinely take two years or longer.

The Orange County Superior Court’s probate division handles thousands of cases annually. Initial hearing dates are typically scheduled eight to sixteen weeks after filing, and every required step (creditor notification, inventory and appraisal, court accountings, final distribution) adds time to the calendar.

The major phases of an Orange County probate proceed as follows:

Filing and appointment (2 to 4+ months).

The executor files a Petition for Probate with the court. Notice must be published in a local newspaper for three consecutive weeks and served on all interested parties. The court then schedules a hearing and, if no objections are raised, issues Letters Testamentary or Letters of Administration.

Creditor claim period and inventory (4 months)

California law mandates a four-month creditor claim period following the issuance of Letters. During this time, the executor must also file an Inventory and Appraisal with a court-appointed probate referee. No final distribution can occur until this period expires.

Administration, tax filings, and accounting (4 to 6+ months)

The executor pays valid creditor claims, files final income and estate tax returns, manages estate assets, and prepares court accountings. The complexity of this phase depends heavily on the nature of the estate’s assets.

Final distribution and discharge (2 to 4+ months)

Once all obligations are satisfied, the executor prepares a final accounting, obtains court approval, distributes remaining assets to beneficiaries, and files a Petition for Final Discharge.

Working with an experienced probate attorney from the outset is the single most effective way to keep the process moving efficiently and avoid the costly delays that executor missteps routinely cause.

Let’s Talk Through Your Probate Situation.

1240 N. Lakeview Ave, Suite 270, Anaheim, CA 92807

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How Goodman Estate Law Helps Executors and Families?

Serving as executor of an estate is a significant legal responsibility, and one that most people have never done before and are navigating during one of the most difficult periods of their lives. At Goodman Estate Law, we take on the legal complexity so you can focus on what matters.

When you work with us on a probate matter, we handle:

Court filings and petition preparation: As of 2026, California requires probate for estates with gross assets exceeding $208,850, where such assets are not held in a trust or subject to a beneficiary designation.

Notice and publication requirements: We manage the statutory notice requirements — including newspaper publication and formal notice to creditors and interested parties — so nothing is missed.

Inventory and appraisal coordination: We work with the court-appointed probate referee and any necessary appraisers to complete the Inventory and Appraisal within the required timeframe.

Creditor claim review and management: We review all claims filed against the estate, advise you on validity, and handle disputed claims appropriately.

Tax coordination: We coordinate with your accountant or refer you to a qualified CPA to ensure the decedent’s final income tax return and any estate tax filings are completed accurately and on time.

Court accountings and reporting: We prepare the formal accountings required by the court, ensuring they are accurate, complete, and presented in the format the court requires.

Final distribution and discharge: We coordinate the final distribution of estate assets, prepare the Petition for Final Discharge, and bring the administration to a proper close.

Brett J. Goodman has earned more than 116 five-star Google reviews from clients throughout Orange County. Executors and beneficiaries alike consistently describe him as patient, clear, and genuinely invested in making a hard process easier.

FAQ

Probate in California

What assets are subject to probate in California?

Assets subject to probate in California are those owned solely in the decedent’s name with no beneficiary designation, joint owner with right of survivorship, or trust to receive them. Common examples include real estate titled in the decedent’s name alone, bank or investment accounts without a payable-on-death designation, and personal property of significant value. Assets that typically pass outside of probate include trust assets, jointly owned property, retirement accounts with named beneficiaries, life insurance proceeds, and accounts with payable-on-death or transfer-on-death designations.

Can probate be avoided in California?

Yes! For most California families, avoiding probate is one of the primary goals of estate planning. The most effective way to avoid probate is a properly drafted and funded revocable living trust. When assets are transferred into the trust during the owner’s lifetime, they pass directly to beneficiaries after death without court involvement. Other probate-avoidance strategies include beneficiary designations on financial accounts, joint tenancy with right of survivorship, and payable-on-death designations. If you are reading this page because a loved one has already passed and probate is now required, we can help you navigate the process efficiently.

Do I need a probate attorney in California?

California law does not require executors to hire an attorney, but the probate process involves strict statutory deadlines, required court filings, formal accountings, and procedural rules that are easy to get wrong without legal guidance. Executors who make mistakes, such as missed deadlines, improper creditor handling, or inaccurate accountings, can be held personally liable for resulting harm to the estate. The cost of professional guidance is almost always a fraction of the cost of correcting errors after the fact.

What is the difference between a probate attorney and a trust administration attorney?

Probate involves court supervision: filings, hearings, formal accountings, and a judge overseeing the process from opening to close. Trust administration is a private process; the successor trustee manages and distributes the estate according to the trust document without court involvement in most cases. Trust administration is generally faster, less expensive, and entirely private compared to probate. Goodman Estate Law handles both, and can advise you on which process applies to your situation.

What happens if there is no will?

When someone dies without a will in California (a situation called dying “intestate”) their estate is distributed according to California’s intestate succession laws. The court appoints an administrator, rather than an executor named in a will, to manage the estate, and assets are distributed to heirs in an order determined by statute: spouse, children, parents, siblings, and so on. The process is the same as probate with a will, but the distribution outcome is determined by law rather than the decedent’s wishes.

Does Goodman Estate Law handle probate throughout Orange County?

Yes. Goodman Estate Law represents executors and administrators in probate matters throughout Orange County, including Anaheim, Brea, Fullerton, Irvine, Newport Beach, Orange, Placentia, Santa Ana, Tustin, Villa Park, Yorba Linda, and the surrounding communities. All probate matters are filed with the Orange County Superior Court. Consultations are available by phone, video, or in person at our Anaheim office.

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