Frequently asked questions

A straightforward probate usually takes 9 to 18 months from filing to final distribution. The creditor claim period alone lasts at least four months after Letters are issued.

At the Superior Court's Costa Mesa Justice Complex, 3390 Harbor Boulevard, Costa Mesa. Many hearings can now be attended remotely.

No. A will names the executor and the beneficiaries, but if the assets are in the decedent's name alone and exceed the small estate limit, the will still goes through probate.

For deaths on or after April 1, 2025, it is $208,850 for personal property. A primary residence worth up to $750,000 can pass through a shorter court petition.

California sets the attorney's ordinary probate fee by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and lower rates above that. On a $1,000,000 estate the fee is $23,000.

Yes, once the court appoints the personal representative. With full authority under the Independent Administration of Estates Act, the sale can usually close without a court hearing after a Notice of Proposed Action.

Yes. The loan does not go away at death. Keep paying it, along with insurance, property taxes, and HOA dues, so the estate does not lose value.

Often, yes. Since Proposition 19, a child keeps the parent's tax base only if the child moves in as a primary residence, and only up to a value cap. A Change in Ownership Statement is generally due to the Assessor within 150 days of death.

Usually yes, though the court may require a bond. Most of the work can be handled remotely.

Yes. The first call is free and usually takes about 20 minutes.