What is probate in California?
Probate is the court-supervised process of transferring someone's assets after death.
If you die without a living trust, your family almost always ends up in probate court. A judge oversees the distribution of your assets. Creditors are notified. Heirs wait. The court takes its cut.
It's not designed to be fast, cheap, or private. It's designed to be thorough. That takes time. And money.
How long does probate take in Los Angeles County?
Typically 18 to 24 months. Sometimes longer.
The court has to:
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validate the will (if there is one)
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appoint an executor or administrator
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notify creditors
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inventory and appraise assets
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resolve any disputes
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distribute remaining assets
During that time, your family can't access most assets. The house can't be sold. Bank accounts are frozen. Retirement accounts may be tied up.
A living trust avoids all of this. Your successor trustee handles everything in weeks, not months.
What does probate cost in California?
Let's use a real example. A $1,000,000 estate.
California statutory probate fees are calculated on the gross value — before subtracting mortgages, debts, or taxes.
For a $1,000,000 estate:
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Attorney fees: $23,000
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Executor fees: $23,000
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Court costs and other expenses: roughly $4,000
Total probate cost: approximately $50,000
That's money that comes out of your estate before your family gets anything.
Now compare that to a living trust. Flat fee. No statutory fees. No executor fees. No court costs.
The question isn't "can I afford a trust?" The question is "can my family afford probate?"
Is probate public record?
Yes. Completely.
Anyone can look up:
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what you owned
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what you owed
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who you left it to
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where your beneficiaries live
Your will becomes a public document. Your neighbor could read it. Your ex-spouse could read it. A stranger on the internet could read it.
A living trust stays private. No court. No public record. No strangers reading about your family.
What happens if you die without a trust in California?
Your family enters the probate system.
That means:
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court supervision
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public records
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months or years of delay
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statutory fees that scale with your estate value
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no access to assets during the process
Your family doesn't just inherit your assets. They inherit a court case.
Do all estates have to go through probate in California?
No. Estates under a certain threshold (around $184,500 in 2024-2025) may qualify for a simplified process called a "small estate affidavit" or "summary probate."
But if you own a home in California, your estate almost certainly exceeds that limit. The simplified process won't apply.
If you have a living trust? No probate at all. No threshold. No exceptions.
What do families actually say about probate?
Most families describe probate as:
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slow ("we're still waiting, a year later")
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expensive ("the fees ate up a huge chunk of the estate")
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invasive ("strangers know what we inherited and where we live")
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stressful ("we had to hire lawyers just to navigate the system")
Nobody finishes probate and says "that was a great experience."
They say "I wish my parents had set up a living trust."
Can probate be avoided after someone dies?
Once someone has died without a trust, it's generally too late to avoid probate.
There are limited exceptions (small estates, certain survivorship rules), but for most California homeowners, no trust = probate.
That's why planning before death matters. A living trust created during your lifetime avoids probate entirely. Waiting until it's too late leaves your family with no good options.
Probate vs. living trust — what's the difference?
Probate:
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court supervised
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public record
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statutory fees (based on estate value)
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executor fees (same as attorney fees)
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12-18+ months
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no incapacity protection
Living trust:
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private
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no court involvement
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flat fee
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no executor fees (successor trustee)
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weeks, not months
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built-in incapacity protection
Most California homeowners choose the living trust. Not because it's more expensive upfront. Because probate is more expensive later.
Why is California probate worse than other states?
California has a statutory fee schedule based on gross estate value — not net value. That means fees are calculated before debts, mortgages, or taxes are subtracted.
A $1.5 million home with a $1.5 million mortgage? Probate fees are still calculated on the full $1.5 million. Your family pays fees on money they'll never see.
Also, California probate courts are among the busiest in the nation. Delays of 18-24 months are standard. In some counties, even longer.
Why do people still end up in probate even with a trust?
A trust only avoids probate if it's properly funded.
That means:
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your house deed is transferred to the trust
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your bank accounts are titled in the trust's name
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your investment accounts name the trust as beneficiary
Many people sign a trust but never move their assets into it. The trust exists on paper. But it owns nothing.
That's an unfunded trust. And an unfunded trust is just an expensive bookmark.
Does a living trust really avoid probate completely?
Yes — when properly funded.
If your trust owns your assets, those assets do not go through probate. No court. No statutory fees. No public record. No delays.
Your successor trustee distributes everything according to your instructions. No judge involved. No waiting. No strangers reading your private information.
This is not a loophole. It's how California law is designed. The probate system exists for people who don't plan. A living trust is how you opt out.
What if there's a will but no trust?
A will does not avoid probate in California.
If you have a will but no trust, your estate still goes through probate. The will tells the court who gets what — but the court still supervises the process. Still public. Still slow. Still expensive.
A will is better than nothing. But it's not a substitute for a living trust.
What if someone dies without a will or trust?
That's called "intestate." The state writes your plan for you.
California law decides who gets your assets — usually your spouse and children in specific percentages. Your estranged child gets the same as your devoted child. Your unmarried partner gets nothing. Your friends get nothing. Your favorite charity gets nothing.
The state doesn't know your family dynamics. And it doesn't care.
What if there's a dispute among heirs during probate?
Probate disputes happen more often than you'd think. Siblings fight over a house. Stepchildren challenge a will. Creditors make claims.
When that happens, the court gets even more involved. More delays. More fees. More stress.
A living trust can include a no-contest clause that discourages disputes. And because it's private, there's less opportunity for conflict to begin with.
What if I already have a trust but I'm not sure if it's funded?
This is more common than you'd think. Many people sign a trust and think they're done. But they never transfer their house deed into the trust. Never retitle their bank accounts.
If your trust isn't funded, it won't avoid probate. Your family will end up in court anyway — and they'll discover the trust owns nothing.
This section is coming soon. In the meantime, bring me your trust. I'll tell you if it's funded or just paperwork.