Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Home » Can You Handle Probate Without a Lawyer in California?
Probate in California is one of the most expensive and time consuming court processes that families face after a loved one dies. The question many ask is whether they can handle probate on their own without hiring a lawyer. Technically, the answer is yes. Practically, the answer is very rarely.
If someone passes away owning real estate in California and the property is not held in a living trust, probate becomes essential. The court controls every part of the estate. A judge must approve almost every decision, every document, and every distribution. In many cases, probate takes twelve to twenty four months or longer, even when the family gets along and there are no disputes.
As an estate planning lawyer, I have seen the emotional and financial strain probate puts on families. While you can represent yourself in probate, very few people have the time, legal knowledge, or patience to manage the process without professional help.
Below is a clear explanation of what probate requires, what families experience when they try to handle it alone, and how you can completely avoid probate by creating a living trust.
Probate is the court supervised process used to transfer ownership of assets when someone dies without a trust. It applies whether the person had a will or not. A will does not avoid probate. It only tells the court who should receive the property.
In California, probate is required when the deceased owned:
Probate involves:
California Courts Probate Overview
This system exists to ensure debts are paid and assets go to the legally correct heirs. But it is slow, expensive, and highly frustrating for families. Understand California probate costs
While California law allows you to represent yourself in probate, here are the reasons why most families run into serious problems.
Probate paperwork includes petitions, notices, inventories, accountings, and legal declarations. Each document must be filled out correctly, filed correctly, served correctly, and timed correctly. Errors cause delays, rejections, or additional hearings.
Missing even one step can add months to the process.
Probate is not flexible. Every action requires court approval. Families cannot distribute property, sell a house, or close accounts without the judge signing off. If something is done without permission, the court may refuse to close the estate.
If a home needs to be sold, probate requires:
Selling property during probate is one of the most frustrating parts for families. Why many Californians still end up in probate
In probate, attorney fees and executor fees are set by law. Even if you do not hire a lawyer, the executor fee is still charged. On a $1 million dollar home, probate fees exceed forty six thousand dollars, even if there is a mortgage on the property.
This money comes out of the estate, not from you personally, but it reduces what your family inherits. Probate Calculator
Even simple cases take at least twelve months. Most take closer to 18 to 24 months. Families often underestimate how slow the California court system is and how strict the rules are.
Here is the honest answer. You can, but many people regret trying.
Families who attempt do it yourself probate often encounter:
This is why most people eventually hire a probate attorney after months of frustration.
Hire a probate attorney in Orange County
The best strategy is to plan ahead and avoid probate completely by creating a revocable living trust.
A living trust:
Most importantly, a trust keeps your family out of court.
Related link: Living trusts in Orange County
Many California families own rental homes or vacation properties in states such as Texas, Tennessee, Arizona, or Idaho. I routinely help clients place those properties into their California living trust, which allows them to avoid multiple states’ probate systems.
This strategy simplifies administration and protects all real estate, not just California property. Add your home to a living trust without refinancing
False. A will must go through probate.
Even with no disputes, probate still takes a long time.
Probate follows state law, not your personal intentions.
Yes, but the process is complicated and slow. Most families need legal help.
Usually twelve to twenty four months, often longer.
No. A will still requires probate.
No. Federal law protects your mortgage when transferring a primary residence into a living trust.
Yes. Anything properly titled in the trust avoids the court process entirely.
On a $1 million home, fees exceed 46,000 dollars.
Probate is one of the most stressful and unnecessarily expensive legal processes California families face. While it is legally possible to go through probate without a lawyer, it is rarely practical. The better solution is to prevent probate altogether by setting up a revocable living trust.
If you live in California and want to protect your family from probate, now is the time to take action.
Schedule Your Free 30-Minute Strategy Session Today or call (949) 377-2996 with Michael Pevney, your trusted Orange County estate planning attorney.
SECURE YOUR LEGACY
With over 18 years of legal experience in Orange County, Michael Pevney focuses on estate planning to help families protect assets, avoid probate, and secure their legacy with confidence.
