Sacramento, California Probate Attorneys
What Is California Probate?
When a loved one dies without a will in place, with ONLY a will in place (no revocable living trust), or with valuable assets left outside of a living trust, the estate will likely need to be administered by the California Probate Court. California probate is the legal process in which a deceased person’s estate is settled and distributed to their heirs.
Losing a loved one can be traumatic and extremely stressful. After a loved one dies, surviving family members often face difficult financial decisions. Setting up an estate plan early can save your surviving loved ones significant mental, emotional, and financial difficulty upon your passing. Nonetheless, probate issues can arise even with a comprehensive estate plan in place if assets are not properly transferred into a trust.
The California probate process can be time-consuming and expensive. At The Law Offices of Daniel A. Hunt, our probate attorneys have successfully advocated on behalf of many clients in a variety of probate issues. With decades of experience in Probate Law, founding attorney Daniel A. Hunt is a California State Bar Certified Legal Specialist in Estate Planning, Trust & Probate Law. To learn how we can help you with your probate issue, contact our Sacramento probate law firm today.
Why Do People Need Probate Attorneys in California?
The probate process can be overwhelming and confusing. Finding an experienced probate attorney to guide you through this process is essential. Knowledgeable legal counsel becomes even more critical when a party contests the will or other probate challenges arise. Common legal issues in California Probate Law include:
- Ambiguities in the will
- Estates with more debts than assets
- Estates with unresolved claims
- Contested claims or creditors seeking the assets of the estate
- The discovery of multiple wills
Do You Need Guidance Through the Probate Process?
In California, many probate proceedings take between 9 and 18 months. At The Law Offices of Daniel Hunt, we represent our clients throughout the entire probate process according to California Probate Law and the wishes of the decedent. We help clients navigate all of the following probate administration tasks.
Filing and Validating the Will
The first step in the California probate process is to file the deceased person’s will with the appropriate California Probate Court. Our attorneys can help file the will and petition the Probate Court to appoint the personal representative designated in the will. If the deceased individual did not name a personal representative because the will did not specify a person, that person is deceased, or the decedent had no will, then an individual may seek to be appointed by the Probate Court. We can assist the proposed personal representative in the mandatory notice to the creditors and the beneficiaries of the estate.
Managing Obligations and Distributing Property
After being appointed, the personal representative is required to gather all of the essential records and accounts. This aspect of the probate process can take time, as some assets are challenging to find, especially when the deceased did not keep thorough records. Personal representatives have a legal duty to distribute the assets after petitioning the California probate court to close the estate administration.
Common Challenges to Wills
After the proposed personal representative files the probate petition, interested parties may challenge the petition. Interested parties include heirs of the deceased, creditors of the estate, and beneficiaries named in the testator’s will. There are various reasons that an estate may be susceptible to a challenge. Here are a few of the reasons interested parties may challenge a will:
- The testator engaged in fraud when creating the will
- The will lacks the necessary witnesses
- Another person tricked the testator into signing the will
- Another person exerted undue influence over the testator during the creation of the will
- The testator lacked the required mental capacity to create his or her will
- The testator made mistakes in the will
- The testator improperly revoked a previous will
- Multiple wills surface
If you are searching for representation in challenging an action in a Probate Estate matter, contact our office. We also represent heirs and beneficiaries regarding their legal rights in these matters.
How Long Does the California Probate Process Really Take?
When the probate process moves smoothly, without probate disputes or complications, it can be completed between 9 and 18 months. But that’s only when everything goes according to plan, which we can tell you is not the majority of cases.
If someone contests the will or raises claims against the state, probate can take significantly longer to complete, sometimes up to 2 full years. Furthermore, probate court hearings can get backed up, and if you catch the county at a bad time, it can cause even more unexpected delays. If your loved one has real estate, out-of-state holdings, or titles that aren’t very clear, then you will be dealing with even more headaches and delays.
As described above, paying debts and notifying creditors is an important part of the probate process. If the decedent didn’t outline these debts, creditors, or owed taxes in their estate plan, then the administrator or personal representative will have to do it, which, as you guessed, takes more time. If a creditor is not informed of the death, they may raise claims against the decedent’s estate, which requires more court dates and preparation.
Working with an estate planning attorney can make this process significantly easier. Many people who find themselves as the executor of an estate don’t have experience settling someone’s final affairs. An attorney with an estate planning legal specialization can make even complex estates and probate a smoother, quicker, and less stressful process.
Can Probate Be Reopened If You Make a Mistake?
Courts typically allow reopening a claim within a reasonable timeframe. If there are newly discovered probate assets, mistakes in the original proceedings, failure to notify all heirs or creditors, or fraud is suspected, you may be able to ask the court to revisit probate for the decedent’s estate.
But that means even more time, even more bills adding up while the decedent’s loved ones wait, the deceased person’s assets dwindling due to legal fees, and more time for probate disputes to arise.
We believe in getting probate done right the first time, which will save you time, money, and a lot of heartache. You have nothing to lose when you take advantage of our free consultation. With our first visit, you can find out how the Law Offices of Daniel A. Hunt can help you get through this emotional process.
How Much Does Probate Cost in California?
Understanding the probate cost upfront helps families plan and avoid surprises during an already difficult time. California law sets statutory fees for both the personal representative and the probate attorney, calculated as a percentage of the estate’s total value, not the remaining assets after debts are paid.
Statutory Fee Schedule Under California Probate Code §10810
- 4% of the first $100,000 of estate assets
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9,000,000
- 0.5% of the next $15,000,000
These percentages apply to both the attorney and the personal representative, meaning the estate pays each party separately. For a $500,000 estate, for example, the combined statutory fees alone could exceed $26,000. On top of that, court filing fees, appraisal costs, and bond premiums can add to the total. Estates involving real property, probate litigation, or creditor claims often incur additional “extraordinary fees” that require separate court approval.
Because probate can be so expensive, many California families look for ways to avoid probate altogether through estate planning tools like revocable living trusts. If you are facing the probate process and want to understand what costs to expect, our knowledgeable probate attorneys can walk you through every dollar during a free consultation at our Sacramento, Roseville, or El Dorado Hills office.
Can Certain Assets Avoid the California Probate Process?
Not every asset a deceased person owns has to pass through the California probate court. Under California law, certain assets are exempt from the probate proceeding entirely, which can save family members significant time and money.
Assets That Typically Bypass Probate
- Life insurance policies with a named beneficiary pay directly to that individual, regardless of what the will says.
- Retirement accounts and payable-on-death bank accounts transfer automatically to the designated beneficiary.
- Assets held in a revocable living trust are distributed by the successor trustee through trust administration. No court involvement required.
- Community property with right of survivorship passes directly to the surviving spouse without a probate filing.
- Small estate affidavit — if the total value of the decedent’s estate falls below $184,500 (as of 2025), California courts allow heirs to use a simplified affidavit process under Probate Code §13100 instead of formal probate.
A spousal property petition is another tool that allows a surviving spouse to confirm ownership of community property or receive the decedent’s share without a full probate proceeding. This option is often faster and far less costly than traditional estate administration.
Knowing which estate assets require probate and which do not is an important first step. An experienced probate attorney at The Law Offices of Daniel A. Hunt can review your loved one’s estate and identify the most efficient path forward. Contact our law offices today to schedule a free consultation.
What Are the Most Common Claims and Disputes in California Probate?
While the existing content on this page covers will contests and general challenges, many probate cases involve disputes that go beyond questioning the validity of a will. Understanding the types of common claims that can arise during the estate administration process helps families prepare for what may lie ahead.
Disputes That Frequently Complicate Probate
- Self-dealing by the executor or personal representative — When the person managing the estate uses their position to benefit themselves — such as purchasing estate assets below market value or redirecting funds — beneficiaries can file a petition alleging breach of fiduciary duty.
- Contested wills in blended families — When a deceased person has children from a prior relationship and a surviving spouse, disputes arise frequently over how assets owned by the decedent should be divided, particularly when estate documents are vague or outdated.
- Creditor claims against the estate — Creditors have a limited window under California law to file claims against a deceased person’s estate. When those claims are disputed or unexpected, resolving disputes between creditors and beneficiaries can extend the probate process significantly.
- Community property disagreements — California is a community property state, and determining which assets are community property versus separate property is a common source of legal issues, especially when records are incomplete, or assets were commingled during the marriage.
- Trust disputes that overlap with probate — When certain assets are held in a trust while others pass through probate, conflicts between the two processes can create additional court filings and delays.
If disputes arise during probate, having an experienced probate attorney who understands California probate litigation is essential. The knowledgeable probate attorneys at The Law Offices of Daniel A. Hunt can protect your interests and work toward resolving disputes efficiently. Contact our Sacramento probate law firm today.
What Is the Personal Representative’s Fiduciary Duty in California Probate?
When the probate court appoints a personal representative or executor to manage a deceased person’s estate, that individual takes on a fiduciary duty: a legal obligation to act honestly, transparently, and in the best interests of the estate’s beneficiaries and creditors. This is not a casual responsibility. California probate law holds personal representatives to a high standard, and failing to meet it can result in legal action, removal, and personal financial liability.
What Fiduciary Duty Requires of a Personal Representative
- Duty to preserve estate assets — The representative must secure and protect all real property, financial accounts, and personal property belonging to the estate until distribution is authorized by the court.
- Duty to avoid conflicts of interest — A personal representative cannot use their role to benefit themselves. Any form of self-dealing — such as hiring their own business to provide services to the estate — can be challenged in superior court.
- Duty to keep accurate records — Every transaction, payment, and distribution must be documented. The court may require a formal accounting, and beneficiaries have the right to request one.
- Duty to act impartially — The representative must treat all beneficiaries and other relatives fairly, without favoring one heir over another.
- Duty to follow court procedures — From filing necessary documents to paying debts and court filing fees on time, the representative must comply with all California probate court requirements throughout the process.
If you believe a personal representative is not fulfilling their fiduciary duty, or if you have been appointed and want to make sure the estate is handled correctly, our probate law firm can help. Contact The Law Offices of Daniel A. Hunt to schedule a free consultation with an experienced probate attorney.
Can the Law Office of Daniel A. Hunt Help You With Your Complex Probate Needs?
The Law Offices of Daniel A. Hunt can help administer the estate of the decedent and distribute assets to beneficiaries per the will. Additionally, we also offer our clients assistance in other issues that could arise in the probate process:
- Will contests
- Probate litigation
- Conservatorships for developmentally disabled adults
- Trust administration
- Challenging trustees
- Real estate sales
- Beneficiary representation
- Executor representation
- Challenging estate administrators
- Bringing or challenging petitions for probate
Our California Probate Lawyer Can Help
At The Law Offices of Daniel Hunt, we understand how challenging the complexity of the probate process can be after the death of a loved one. Hiring a skilled probate attorney can be extremely beneficial. Whether you need assistance administering a loved one’s estate or with a litigation issue, our experienced attorneys can help. To learn how our skilled probate lawyers can assist you, contact our law firm today to schedule your no-cost initial consultation with our Sacramento, Roseville, or Folsom office. We offer in-person, virtual, and telephone appointments for your convenience.
Call or visit us online to schedule a free initial consultation, during which you can start getting answers to your questions.
Sacramento: 916-545-6854
Roseville: 916-633-7709
Folsom: 916-957-3803
Law Offices of Daniel A. Hunt Estate Planning Services
Estate Planning includes trusts, wills, financial & medical powers of attorney, and more.
We represent both trustees and beneficiaries in trust & estate litigation matters, including will and trust contests, contesting fiduciary accountings, and more.
We assist with California probates when a person dies without a will, with only a will, or with assets left outside of a trust.
When a settlor passes away, we coach trustees step-by-step through the trust administration.
When a developmentally disabled minor turns 18, we help seek a court-ordered conservatorship.
We help navigate real estate transactions.
We provide legal representation for litigated real estate matters.