Navigating the Probate Process in California.

What is Probate?

Losing a loved one is never easy—and dealing with legal matters during such a time can feel overwhelming. At Montecito Law Group, we guide our clients through California’s probate process with compassion, clarity, and care.

Probate is the legal process for settling a deceased person’s estate. We assist personal representatives in handling both formal probate court proceedings and informal probate transfers. Governed by California law, the process can be complex—but our goal is to make it as simple and stress-free as possible, so you can focus on what truly matters.

When is Probate Necessary?

Probate is typically required when a person passes away with assets titled solely in their name, and those assets do not pass automatically to a joint owner or beneficiary. The estate will be administered according to the decedent’s will—or, if there is no will, under California’s intestate succession laws.

The probate process generally involves:

• Hiring an attorney to prepare and file court documents

• Notifying heirs and beneficiaries

• Attending one or more court hearings

• Preparing an inventory and appraisal of estate assets

What Does It All Mean?
The probate process involves specific legal terms that can be unfamiliar. To help make things clearer, we’ve created a glossary of common probate terms, click here.

How Much Does Probate Cost In California?
Probate fees for both the attorney and the personal representative (executor or administrator) are set by law and calculated based on the gross value of the estate. According to California Probate Code §§ 10810–10811, the statutory fees are:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
• 0.5% of the next $15,000,000
• Amounts above $25,000,000 – determined by the Court.

In some cases, the court may also approve additional fees for extraordinary services, such as the sale of real estate or resolution of disputes.

The probate fees are only calculated on the value of property subject to probate administration. Property subject to probate administration generally includes the gross value of real estate, business interests, investments, bank accounts, and personal property. Retirement accounts, life insurance, and assets placed in a living trust (or with beneficiary designations) are generally not subject to probate administration.