Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Estate Planning Attorney in Laguna Hills, CA | Confidential Consultations
Home » How Expensive Is Probate in California and How to Avoid It
Probate is the court supervised legal process used to transfer assets when someone passes away without a properly funded living trust. Even if a person has a will, probate is still required for many estates in California.
The probate court oversees the entire process, approves all major actions, and requires formal filings, notices, and deadlines. While probate is intended to protect heirs and creditors, it often creates significant financial and emotional strain for families.
For many California homeowners, probate becomes unavoidable when real estate or other major assets are held in an individual name at death.
California probate fees are not based on how much work the attorney does. Instead, they are calculated using a statutory fee schedule based on the gross value of the estate, not the equity.
This is one of the most misunderstood and frustrating aspects of probate.
If a home is worth $1,000,000 but has an $800,000 mortgage, probate fees are still calculated on the full $1,000,000 value.
The mortgage does not reduce probate fees.
California Probate Code Section 10810 sets the fee structure for both the probate attorney and the personal representative.
Both the attorney and the personal representative are entitled to the same fee.
Here is how probate fees typically break down for a $1,000,000 estate:
Attorney fees: approximately $23,000
Executor or personal representative fees: approximately $23,000
Total statutory fees: approximately $46,000
This does not include additional probate costs.
In addition to statutory fees, probate often includes:
When all costs are added together, the total expense of probate often exceeds $50,000 for a $1,000,000 home.
Cost is only one issue. Time is another major burden.
Most California probate cases take between 12 and 24 months to complete. Some take even longer if disputes arise.
During probate:
You can learn more about delays here:
https://ocestateplanlawyer.com/why-probate-takes-so-long-in-california/
Probate filings are public court records. Anyone can look up:
This lack of privacy surprises many families and can expose heirs to unwanted attention or conflict.
A living trust avoids this entirely by keeping the process private.
A revocable living trust is the most effective way to avoid probate in California.
When assets are properly transferred into a trust during life:
The trust allows your successor trustee to act immediately after death without court approval.
Cost: often $46,000 or more for a $1,000,000 home
Time: 12 to 24 months
Privacy: public court record
Control: court supervised
Cost: typically a one time planning fee
Time: often weeks or a few months
Privacy: fully private
Control: family managed
Comparison article:
https://ocestateplanlawyer.com/probate-vs-trust-in-orange-county/
Some families attempt to avoid probate using alternatives, but these strategies often come with drawbacks.
Joint ownership can avoid probate, but it can expose assets to:
More details:
https://ocestateplanlawyer.com/avoid-probate-with-joint-ownership/
Beneficiaries work well for accounts but do not solve issues related to:
California allows transfer on death deeds for real estate, but they come with strict rules and risks.
For many families, a trust remains the most reliable solution.
California property values are among the highest in the country.
Even middle class families often own homes worth $900,000 or more, which automatically places their estate into costly probate if no trust exists.
This is why estate planning is not just for wealthy families.
Related reading:
https://ocestateplanlawyer.com/estate-planning-cost-in-california/
For a $1,000,000 estate, statutory probate fees are typically around $46,000, not including additional expenses.
No. A will still requires probate in California.
No. Fees are based on gross value, not equity.
Most cases take between 12 and 24 months.
Yes. A properly funded revocable living trust avoids probate.
Probate in California is expensive, slow, and often unnecessary. For families who own real estate, failing to plan ahead can cost tens of thousands of dollars and delay asset transfers for years.
A living trust is not about avoiding responsibility. It is about protecting your family from avoidable court involvement, fees, and stress.
If you want to ensure your home and assets pass smoothly to your loved ones, planning now makes a significant difference later.
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.
