Probate Attorney Pasadena CA | Expert Guidance

While California law doesn't require you to hire a probate attorney, it's highly recommended. Probate is complex with strict legal deadlines, detailed filing requirements, and potential personal liability for executors who make mistakes. An experienced Pasadena probate lawyer ensures the process is handled correctly, protects you from liability, and typically completes the probate faster than someone handling it alone. Plus, since attorney fees are paid from the estate assets, not your personal funds, there's no financial reason to go it alone.

In Glendale and throughout California, probate typically takes 9 to 18 months from start to finish. Simple estates with no disputes may be completed in 9-12 months, while complex estates with real property sales, creditor disputes, or will contests can take 18-24 months or longer. California law requires a minimum 4-month creditor claim period, which sets a floor on how quickly probate can be completed. Our experienced probate attorneys work efficiently to complete your case as quickly as possible while ensuring all legal requirements are met.

Yes, there are several ways to avoid probate in California. The most comprehensive method is creating a revocable living trust and properly funding it with your assets. Other methods include holding property in joint tenancy, naming beneficiaries on financial accounts and life insurance, using transfer-on-death deeds for real estate, and keeping the estate value below $208,000 (California's small estate threshold). If you're currently going through probate for a loved one, it's an excellent time to set up your own estate plan to avoid putting your family through this process.

When someone dies without a will in California, it's called dying "intestate." The estate still goes through probate, but assets are distributed according to California's intestate succession laws rather than the deceased person's wishes. Generally, assets go to the closest living relatives: spouse and children first, then parents, siblings, and more distant relatives. As Pasadena probate attorneys, we regularly handle intestate estates and can guide you through the process of determining legal heirs and proper distribution under California law.

California uses a statutory fee schedule for probate attorneys and executors. Both the attorney and executor are entitled to fees based on the estate value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% above $10 million. For example, a $500,000 estate would generate $13,000 in attorney fees and $13,000 in executor fees. Additional costs include court filing fees ($435-$465), publication costs ($150-$300), and probate referee fees (0.1% of asset value). All fees are paid from the estate, not your personal funds.

No, only assets owned solely in the deceased person's name go through probate. Assets that avoid probate include: property held in a living trust, jointly owned property with right of survivorship, life insurance with named beneficiaries, retirement accounts with designated beneficiaries, payable-on-death bank accounts, and real estate with a transfer-on-death deed. If the deceased owned a home solely in their name, bank accounts without beneficiaries, or other solely-owned assets, those must go through probate.

The executor (also called personal representative) is appointed by the court to administer the estate. Responsibilities include: filing the probate petition, inventorying and protecting estate assets, notifying creditors and paying valid debts, filing tax returns, selling assets if necessary, distributing property to beneficiaries, and providing a final accounting to the court. The executor has a fiduciary duty to act in the estate's best interests and can be held personally liable for mistakes. That's why most executors hire experienced probate attorneys to guide them through the process.

While you can represent yourself in probate court, it's generally not advisable. California probate law is complex, with strict deadlines, technical filing requirements, and potential personal liability for errors. Even small mistakes can result in significant delays, additional costs, or legal liability. Since probate attorney fees are paid from the estate assets at the standard statutory rate, you don't save money by representing yourself - you simply take on all the legal risk and work yourself. Our Pasadena probate attorneys handle everything for you while protecting you from liability.

In Glendale and throughout California, probate attorney fees are set by statute based on the estate value, not by the attorney's hourly rate. This means all qualified probate attorneys charge the same statutory fee: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on. For a $400,000 estate, the attorney fee would be $11,000. The key difference between attorneys isn't cost, but experience, efficiency, and service quality. We advance all costs upfront, so you pay nothing out of pocket until the estate closes.

Real estate owned solely by the deceased must go through probate in California. The property is included in the estate inventory and appraisal. If the will directs the property be distributed to specific beneficiaries, it can be transferred to them after creditor claims are resolved. If the property needs to be sold to pay debts or per the will's terms, the executor must obtain court approval before selling. Our Pasadena probate attorneys handle all aspects of probate real estate, including obtaining court approval for sales, coordinating with realtors, and ensuring proper title transfers.