Probate

What Probate Costs

California sets statutory attorney and executor fees based on the gross value of the probate estate (California Probate Code §10810):

  • 4% on the first $100,000

  • 3% on the next $100,000

  • 2% on the next $800,000

  • 1% on the next $9,000,000

On a $1.2 million estate (common in the Bay Area), the statutory attorney fee alone is $25,000. Court filing fees, publication costs, and probate referee fees add to the total. This is one of the strongest arguments for having a trust in place before it’s needed.

Avoiding Probate Going Forward

If you’re going through probate now and want to make sure your own family doesn’t face the same process, we also prepare estate plans designed to avoid probate entirely. 

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If your loved one died without a trust — or with assets that were never properly titled to their trust — those assets may need to pass through California probate. Probate is a court-supervised process for validating a will (if there is one), paying debts, and distributing assets to heirs.

We handle the probate process for families in Santa Clara County, keeping you informed at every step.

When Probate Is Required in California

California generally requires probate when a decedent’s assets — not held in trust, joint tenancy, or payable-on-death accounts — exceed $184,500 in total value (as of 2024; this threshold adjusts periodically). In the Bay Area, where a single home can be worth well over $1 million, probate is triggered more often than families expect.

What the Process Looks Like in Santa Clara County

Probate in Santa Clara County follows the general California process, but local court procedures and calendar schedules affect timing:

  • Filing the petition for probate with the Santa Clara County Superior Court

  • Publishing a notice to creditors (required for a minimum statutory period)

  • Attending the initial hearing where the court appoints the personal representative

  • Inventorying and appraising all probate assets (using a court-appointed probate referee for certain assets)

  • Paying valid debts, expenses, and taxes from estate funds

  • Filing a petition for final distribution

  • Attending the final hearing and distributing assets to heirs

How Long Probate Takes

A typical California probate takes 9 to 18 months from filing to final distribution. In Santa Clara County, the probate calendar can add time depending on court volume. Estates with real property sales, contested matters, or creditor disputes may take longer.

When Probate Can Be Avoided

Not every death requires formal probate. Smaller estates (under the statutory threshold), assets held in joint tenancy, accounts with named beneficiaries, and property held in trust may all pass outside of probate. California also offers simplified procedures — small estate affidavits and summary administration — for qualifying estates. We can help you assess what, if anything, needs to go through court.

How We Help

  • Full-service probate representation in Santa Clara County Superior Court

  • Petition preparation and court filings

  • Creditor notification and claims management

  • Asset inventory, appraisal coordination, and estate accounting

  • Real property transfers and deed preparation

  • Small estate affidavits and summary administration where eligible

  • Final distribution and closing of the estate

Serving Santa Clara County

We work with families throughout San Jose, Willow Glen, Campbell, Los Gatos, Saratoga, Santa Clara, Sunnyvale, Cupertino, and surrounding communities. Contact us for a consultation about your probate matter.