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Get Your Wishes In Writing / California Probate

California Probate

Probate can be both time consuming & costly

Simon Hobbs

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simon@calfp.com · (760) 424-8039

California Probate

If you pass away in California with assets valued above $208,000, those assets may be required to go through the State’s Probate Court system unless you have established a living revocable trust (see below). A judge will determine how your assets are distributed, who will manage the process, & which debts are to be paid. [Source: Judicial Council of California]

According to several California estate attorneys, court related costs may range from approximately 4% to 7% of the total estate value. For example, on a $1 million property, fees could approach $70,000. The process may also take between 9 & 18 months & sometimes longer if complications arise. During that period, heirs may be unable to sell, rent, or significantly alter inherited property until probate is completed.

If you find yourself caught-up in Probate, we have experienced attorneys we can immediately refer you to, who will represent you in court if necessary.

As of April 1, 2025, a primary residence valued up to $750,000 may qualify for a simplified process that can help avoid full probate. In many cases, heirs can use a court-approved petition to transfer the property directly, without going through the full probate administration.

Get Your Wishes In Writing

Power of Attorney
This is essential. You must name who can access your accounts & make medical decisions if you are incapacitated. Being your spouse may not be enough.
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Beneficiaries
Retirement accounts & insurance are inherited by the beneficiary named on them, not by will or trust. These designations are a core pillar of your estate plan & important to keep current.
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Living Revocable Trust
A living trust allows you to protect your assets, direct their future use, and help heirs avoid the delays and expense of probate after your death.
Find Out More →

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