Probate Attorney in Los Angeles — Navigating LA County Superior Court

Probate is the court-supervised process for transferring a deceased person’s assets when those assets were not held in a trust and did not pass by joint title or beneficiary designation. If you have been named executor — or a loved one died without a plan — this page explains what you are facing and how I can help you move through it as efficiently as the system allows.

When Probate Is Required in California

• The estate’s gross assets exceed $184,500 (as of 2024, per California Probate Code § 13100).
• Assets were titled in the decedent’s name alone, without a beneficiary designation.
• Real property was held outside a trust and outside joint tenancy.

Note that the threshold is measured by the gross estate — the full market value of the assets, including the entire value of the home, not just the equity. A Los Angeles house with a large mortgage still counts at its full value. This is why almost every LA homeowner’s estate requires probate in the absence of a trust.

How Probate Works in Los Angeles County

1. Petition. A petition is filed with the Los Angeles County Superior Court, Probate Division, and a hearing date is set.
2. Appointment. The court appoints the executor (if there is a will) or an administrator (if not) as personal representative.
3. Notice and publication. Creditors and heirs receive notice; publication runs in a local newspaper.
4. Inventory and appraisal. A court-appointed probate referee appraises real property and business interests at date-of-death values.
5. Claims and debts. Valid creditor claims are paid from estate assets.
6. Final distribution. The court approves the final accounting and authorizes distribution to heirs and beneficiaries.

Timeline: nine months is the practical minimum. In Los Angeles County, 12 to 18 months is typical, and contested matters can take years. Until the court authorizes distribution, the assets are effectively frozen.

What Probate Costs

California sets attorney and executor compensation by statute (Probate Code §§ 10800, 10810), as a percentage of the gross estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000. Each of the attorney and the executor is entitled to the full statutory amount.

On a $1,000,000 gross estate, that is approximately $23,000 in statutory attorney fees alone — and the same again to the executor. Add court filing fees, the probate referee’s appraisal fee, and publication costs, and fees for “extraordinary services” (selling real property, handling litigation, tax work) can be approved on top.

For comparison: proper trust-based planning eliminates most of this cost. Probate fees are a sliding scale tied to your estate value; they increase with every dollar of estate appreciation. The flat fee for an estate plan does not. If you are reading this page as a planning question rather than a present need, start with the living trusts page.

Alternatives to Probate

• Revocable living trust — the primary avoidance tool; assets in a funded trust skip probate entirely.
• Joint tenancy with right of survivorship — passes title automatically to the surviving joint tenant (with real trade-offs in tax and control).
• Beneficiary designations — TOD/POD designations on financial accounts pass outside probate.
• Small estate affidavit — for estates under the $184,500 threshold (Probate Code § 13100), heirs can often collect assets without a court proceeding.

How I Can Help

I handle petition preparation and filing, coordinate with the probate referee, manage creditor claims, prepare the accountings the court requires, and move the matter to final distribution with as little friction as the calendar allows. You get clear, direct communication throughout — you will always know where the case stands and what happens next.

Common Questions About Probate

The estate has a will. Do we still need probate?

Usually yes. A will does not avoid probate — it is the document the probate court administers. If the gross estate exceeds $184,500, the will goes through Los Angeles County Superior Court like any other probate estate.

Can the family live in or rent the house during probate?

It depends on the court’s orders and the personal representative’s authority. Occupancy, rental, and sale of estate real property all run through the process — another reason families find probate frustrating. Decisions that would take a phone call in a trust administration take motions and hearings in probate.

Who pays the probate attorney?

Statutory fees are paid from the estate at the end of the case, with court approval — not by the executor personally. But remember where the estate’s money goes: every dollar of fees is a dollar that would otherwise pass to the family.