California Probate Administration Attorney
Guidance for executors and administrators through every step of California estate administration, from the first petition to final distribution.
The attorneys on your case
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Mark C. Smith
Principal Attorney & Founder
Berkeley Law · AmLaw Top 50 Firm · Federal Clerk · Combat Veteran
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Nicholas Jacobs
Attorney, Estate Planning
Northwestern California Law
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Seth Steward
Litigation Attorney
GW Law · Harvard Kennedy · Former Prosecutor · Air Force Veteran
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Veteran-Founded & Led
Founded by Mark C. Smith, U.S. Army combat veteran.
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Berkeley Law-Trained
Educated at UC Berkeley School of Law.
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California Statewide
SF · Sacramento · Los Angeles · San Diego.
Probate is the court-supervised process of settling the estate of someone who has passed away: proving the will, paying debts and taxes, and transferring what remains to the people entitled to it. In California, it is governed by the Probate Code and runs through the superior court in the county where the person lived.
We represent executors, administrators, and families through that process, from the first petition to final distribution. When a living trust is involved instead, see trust administration.
Just named executor? Start before you act.
An executor takes on real legal duties the moment they begin acting for the estate. Paying the wrong creditor first, selling property without authority, or distributing early can create personal liability.
Speak with counsel before you file, pay anyone, or distribute estate assets.
When probate is required
Probate is generally required when a person passes away owning assets in their sole name that do not transfer automatically. Property held in a living trust, accounts with valid beneficiary designations, and joint tenancy assets usually avoid it. California also offers simplified procedures for estates under a statutory value threshold.
Probate is usually needed when:
- A person passes away owning assets in their sole name that do not transfer automatically
- There is no living trust holding the property, or assets were left outside the trust
- Accounts or real property have no valid beneficiary designation or joint owner
- The estate exceeds the simplified-procedure value threshold the Legislature sets
The probate process, step by step
- File a petition for probate and provide notice to heirs, beneficiaries, and creditors
- Receive Letters Testamentary or Letters of Administration that authorize the personal representative to act
- Inventory and appraise estate assets, with a court-appointed probate referee valuing non-cash property
- Give notice to creditors and review, allow, or reject claims against the estate
- Pay valid debts, taxes, and administration expenses from estate funds
- Petition for final distribution, account to the court, and transfer assets to the beneficiaries
If the will is challenged or an heir disputes how the estate is handled, the matter can move into contested probate or broader inheritance disputes.
Timeline and statutory fees
A typical California probate takes 12 to 18 months. Statutory compensation for the personal representative and the attorney is set by Probate Code section 10810 as a percentage of the gross estate value:
- 4% of the first $100,000 of the estate
- 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
- A reasonable amount set by the court for estates above $25,000,000
The court can approve additional fees for extraordinary services, such as selling real property or handling litigation.
How we help executors and administrators
We can carry the full administration or handle the parts that need a lawyer, while you stay informed and in control. Our work includes:
- Preparing and filing the petition for probate
- Qualifying the personal representative and obtaining Letters
- Inventory, appraisal, and coordination with the probate referee
- Notice to creditors and review of claims against the estate
- Paying debts, taxes, and expenses in the correct order
- Petitioning for final distribution and accounting to the court
- Handling real property sales and other extraordinary matters
Why Corcoran Smith Law Corp.
Probate runs on petitions, notices, deadlines, and accountings. The executor carries the responsibility, and a misstep can fall on them personally. Our job is to keep the administration orderly and defensible.
Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.
Because we also handle contested probate and estate litigation, we administer estates with an eye toward what later draws a challenge, and we are ready if a dispute does arise.
Free download
Know Your Rights as a California Beneficiary
When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.
Frequently asked
Probate questions, answered
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Is probate always required in California?
Not always. Assets held in a living trust, accounts with valid beneficiary designations, and property held in joint tenancy generally pass outside probate. California also provides simplified procedures for smaller estates that fall under a statutory value threshold the Legislature adjusts periodically. Estates above that threshold with assets in the decedent’s sole name usually require a formal probate.
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How long does California probate take?
A straightforward probate commonly takes 12 to 18 months from the petition to final distribution. Contested matters, creditor disputes, real property sales, or tax issues can extend that timeline.
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How much does probate cost?
California sets statutory fees for the personal representative and the attorney as a percentage of the gross estate under Probate Code sections 10800 and 10810. The percentages are fixed by statute, and extraordinary services can warrant additional court-approved fees.
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Can an executor be removed?
Yes. An interested person can petition the court to remove a personal representative for misconduct, conflict of interest, mismanagement, or failure to perform required duties. If a dispute develops, see our work in contested probate and trust and estate litigation.
Client reviews
What our clients say
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Attorney Nick was Great!! Five Star Excellence in his expert counsel composing my custom living trust. Nick was such a pleasure to work with during this difficult and confusing process. He advised me of all the important considerations and processes best suited for my custom individual planning. All documents meticulously organized for clients’ easy reference and understanding. Keeping me informed every step of the way; always readily responsive for call back/email to questions. I highly recommend him to all living trust clients and/or other legal matters!! Thank you so much Nick
Julie Jacobs June 2024 · Google
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Nick Jacobs did an excellent job helping us with estate planning. He was thorough and always happy to explain in terms non-legal experts could understand! I couldn’t recommend him enough.
Quincy Mehta July 2025 · Google
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I’m so happy with the experience I had working with Nick at Corcoran Law on my trust and will. He made the entire process clear, comfortable, and stress-free. Nick was professional, caring, and easy to work with, and I feel great knowing this important step is taken care of. Highly recommend!
James Wilson August 2025 · Google
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Thank you Nicholas Jacobs for your professionalism, attentiveness and commitment to helping us with some legal documentation. If you’re looking for a lawyer who’s articulate, knowledgeable and makes you feel comfortable, look no further! We’re so fortunate we had Nicholas help us navigate our needs every step of the way.
Nagam Jabbar October 2024 · Google
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Corcoran smith law corp is very helpful and professional. I needed To find a probate lawyer, after contacting a few different options they were the best choice. Everyone I spoke to was very professional, kind, and really took the time to listen to what I needed, as well as direct me to the best person for the job. They were very helpful in dealing with my case and prompt with getting back to me. I would Recommend this company to anyone who needs to hire a probate lawyer as I truly feel they care about people and understand the process.
Jean Copus May 2026 · Google
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Nicholas Jacobs is excellent! He's exceedingly knowledgeable, which gives you instant confidence in his assessments and advice, and what put our family's mind at ease is knowing he's honest to his core. He's a rare combination; Nicholas is everything you could hope for in terms of an exceptionally educated, trusted advisor, and yet his empathy is always forefront. Nicholas has a strong moral compass and has chosen his profession for all the right reasons. He's truly been a life saver, and our family is so grateful to have met him!
Sierra Smart March 2026 · Google
Across our practice
Related California legal services
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Contested Probate
Will contests on grounds of capacity, undue influence, fraud, or improper execution.
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Trust Administration
Trustee duties, trust funding, beneficiary notifications, accountings, and distributions, handled end to end.
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Will Drafting
Drafting and updating California wills, including pour-over wills that work alongside a living trust.
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Inheritance Disputes
Trust and estate litigation for heirs and beneficiaries. Contested wills, fiduciary misconduct, and trustee accountings.
Talk to a California probate attorney
A free consultation is the simplest place to start. Tell us where the estate stands, and we will help you understand the next step.