Settling a loved one’s estate is one of the hardest things you will do. Legendaria walks alongside you through every step of the California probate process so you can focus on your family, not the paperwork. We serve clients throughout California.
From the first petition to the final distribution, we guide the Personal Representative through every required filing, deadline, and court appearance along the way. Here is what that includes:
No. Assets held in a trust, jointly owned property, and accounts with named beneficiaries typically avoid probate. We can help you evaluate the estate and figure out what actually needs court involvement.
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First $100,000
$4,000
Next $100,000
$3,000
Next $800,000
$3,000
Next $9,000,000
Up to $90,000
Next $15,000,000
Up to $75,000
In addition to attorney and Personal Representative fees, every probate involves standard costs such as the court filing fee, the probate referee’s fee for appraising certain assets, and the cost of publishing the required notice to creditors. These are separate from attorney and Personal Representative compensation and are paid from the estate.
Fees are calculated on the gross value of the estate, not the net. A home worth $600,000 with a $400,000 mortgage is still calculated at $600,000. This is why a properly funded trust matters.
The statutory fee schedule covers ordinary probate work. Some estates involve circumstances that go beyond the ordinary, such as a real estate sale or rental property management, multiple or out-of-state properties, significant tax issues, or situations that call for more direct attorney involvement, like negotiating with creditors or beneficiaries. California law allows for additional compensation in these situations, and these fees must be approved by the court. We discuss this with you at the outset if we anticipate your matter may involve extraordinary circumstances so there are no surprises.
Probate is the court-supervised process of settling someone’s estate: resolving debts and distributing assets to the right heirs. It typically applies when someone dies with only a will, or without any estate plan at all.
You are not legally required to have one, but California probate involves strict deadlines, required notices, and court filings, and mistakes can delay distribution or create personal liability for the Personal Representative. We help the Personal Representative meet every requirement so the process moves smoothly.
California probate typically takes 12 to 18 months from the date the court appoints the Personal Representative. Complex estates, disputes among heirs, or real estate sales can extend that timeline.
The court appoints a Personal Representative, usually the executor named in the will. If there is no will, or no one willing to serve, the court appoints an administrator, typically the closest relative. Legendaria represents the Personal Representative throughout the process.
The Personal Representative files the initial petition, notifies creditors and beneficiaries, inventories and appraises assets, pays valid debts, files required accountings, and distributes the estate to the heirs.
Most Personal Representatives are appointed with independent administration, which lets them handle most actions, like selling real estate, by giving proper notice rather than seeking court approval each time. A few actions, such as paying fees or closing the estate, always require court approval. We make sure you know which is which.
Yes. California law entitles the Personal Representative to statutory compensation based on the gross value of the estate, using the same fee schedule as the attorney. This is separate from reimbursement for expenses and is subject to court approval.
The court can reduce or deny their compensation, remove and replace them, and in serious cases hold them personally liable for damages to the estate. We help make sure every deadline and duty is met.
Probate costs generally fall into three categories: statutory fees for the attorney and Personal Representative based on the gross value of the estate, as shown in the fee schedule above; standard costs like the court filing fee, the probate referee’s fee, and the cost of publishing notice to creditors; and, in some cases, extraordinary fees for work beyond routine administration. We walk you through all of this from the outset so there are no surprises.
Extraordinary fees cover work beyond routine administration, such as a real estate sale or rental property management, multiple or out-of-state properties, significant tax issues, or situations that call for more direct attorney involvement, like negotiating with creditors or beneficiaries. California law allows for additional compensation in these cases, subject to court approval, and we will flag this early if we think your matter may involve it.
Their estate may still need to go through California probate for that property, even if the main estate is being handled in another state. This is called ancillary probate, and we handle it for California-based assets.
