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When someone passes away owning property in their own name, that property often can’t simply be handed to their heirs — it has to go through probate, the court process that validates a will (or applies California’s intestacy rules if there isn’t one), pays off debts, and formally transfers ownership. Here’s what California families should expect.

What Triggers Probate in California

Generally, probate is required when a deceased person owned assets in their individual name that don’t otherwise transfer automatically — meaning no beneficiary designation, no joint ownership with survivorship rights, and no living trust. California does offer simplified procedures for smaller estates and for property passing to a surviving spouse, but many estates don’t qualify for these shortcuts.

The Basic Timeline

A typical California probate case moves through several stages: filing a petition and providing notice to heirs and creditors, appointment of an executor or administrator, inventorying and appraising estate assets, paying valid debts and taxes, and finally distributing what remains to beneficiaries. Even a straightforward, uncontested probate usually takes eight months to a year from start to finish; contested matters, complex assets, or disputes among heirs can extend that well beyond a year.

What Probate Costs

California sets statutory fees for the executor/administrator and the estate’s attorney based on a percentage of the estate’s gross value, on a sliding scale. For a $500,000 estate, for example, statutory attorney and executor fees are calculated the same way regardless of how simple the estate is — and that’s before court filing fees, appraisal costs, and other administrative expenses. Because fees are based on gross value (not equity), an estate with a highly leveraged property can generate substantial fees even if the actual inheritance is modest.

Probate Is a Public Process

Court filings in a probate case are part of the public record. That means the value of the estate, a list of assets, who the beneficiaries are, and how much they’re each receiving can all be looked up by anyone who wants to. For families who value privacy, this alone is often reason enough to plan around probate.

How to Avoid or Minimize Probate

• Revocable living trust. Assets titled in the name of a properly funded trust pass to beneficiaries without probate.
• Beneficiary designations. Retirement accounts, life insurance, and payable-on-death bank accounts transfer directly to named beneficiaries.
• Joint tenancy or community property with right of survivorship. Property held this way passes automatically to the surviving owner.
• Small estate procedures. California allows simplified transfer procedures for estates under certain statutory thresholds — your attorney can confirm whether your estate qualifies under the current limits.

If You’re Already Facing a Probate

If a loved one has passed away and you’re now facing the probate process, an experienced attorney can help you understand your role, your deadlines, and your options — whether you’re the named executor or an heir trying to understand what to expect.

Work With a Torrance Probate and Estate Planning Attorney

At U. Khan Law Firm, APC, we guide California families through probate when it’s necessary, and help clients build estate plans designed to avoid it when possible. Contact our Torrance office to discuss your situation.

This article is provided for general informational purposes only and does not constitute legal advice. Probate rules, fee schedules, and thresholds can change — please consult a licensed California attorney for guidance specific to your situation.