If you are an administrator or executor for a loved one's estate, you will find that there may be little time to emotionally cope with the loss that you and your family have endured. That is because you will quickly face the reality of probate, the legal process through which an executor closes an estate and distributes assets to beneficiaries.
Many people think they have an estate plan that will properly distribute their assets to the right people at the right time. However, estate plans that cut corners can lead to an endless probate process or even expensive litigation. As the estate administrator, you have a legal responsibility to ensure everything is done in accordance with the law—and without guidance, you may not realize when you are making a crucial mistake.
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Our Probate Law Firm Will Address Every Detail of Your Probate Issues and Look to the Future
The Law Firm of Kavesh, Minor & Otis, Inc. is known throughout Southern California for crafting estate plans that help our clients and their loved ones avoid probate, but if your loved one's plan was drawn up by another firm, we will be happy to represent you in this process.
Our team has handled more than 4,000 administrations of estates after a death across Southern California. We will be able to help you get through this often-frustrating process while working to minimize your anxiety.
Why Families Choose Kavesh, Minor & Otis, INC. To Avoid Probate — Or Successfully Navigate It When Necessary
Our Probate Lawyers Provide Experience In:
Estate Administration.
Your loved one's estate planning documents may include a Last Will and Testament, a Revocable Living Trust, or both. Our attorneys can help you to determine whether probate is necessary, what kind of probate the estate requires, and whether or not there are assets that could be exempt from the probate process.
Inventory of Assets.
Probate requires a complete listing of your loved one's assets and holdings, including bank and brokerage statements, life insurance policies, business interests, stock and bond certificates, real estate deeds, and car and boat titles. We can create a comprehensive inventory and provide an estimate for the date of death values for all listed assets.
Debt Resolution.
Any remaining debts and financial obligations of your loved one must be paid before the estate can be closed. We can ensure that outstanding credit card bills, medical bills, mortgages, personal loans, and other creditors are settled in a timely manner. We can also help prepare and file your loved one's final federal and state income tax returns and pay any taxes that may be levied at death.
Asset Distribution.
Each of your loved one's assets must be transferred to new owners in accordance with the law. The manner in which property is held can make the process easier, or in some cases, more complicated. Ownership of property held in trust may transfer immediately to the named trustee without the need for probate. Similarly, property that is jointly-owned or owned by tenants-in-common may be passed directly to the surviving owner. We examine how each asset is titled to determine the best way to pass it to the proper beneficiary.
Next-Generation Planning.
Once they receive their inheritances, beneficiaries will need their own estate plans to preserve their assets. We are here to assist the next generation of loved ones with their estate planning needs, including funding trusts for beneficiaries and modifying existing trusts when necessary. Even if you already have an estate plan, we can help you determine if you should revise or update your plan to better carry out your wishes and protect your loved ones.
Our Most Frequently Asked Probate Questions
If you are dealing with a loved one’s estate, these answers can help you understand when probate may be required, what the California probate process involves, and why early legal guidance can help prevent costly mistakes.
What is probate?
Probate is the court-supervised legal process used to transfer assets after someone dies when those assets are not held in a living trust or otherwise structured to avoid probate. The process typically involves validating the will, appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, and distributing the remaining estate to heirs or beneficiaries.
In California, probate can become time-consuming and expensive because attorney and executor fees are based on the gross value of the estate rather than the net equity after mortgages or liabilities. Probate proceedings are also public, meaning financial and family information filed with the court may become accessible to others.
Related: Probate vs. Trust Administration | Probate Costs | Avoiding Probate | Living Trust Planning
How long does probate take in California?
Most California probate cases take between nine months and two years, although more complex estates can take substantially longer. Delays commonly arise from court scheduling backlogs, creditor claims, tax issues, real estate sales, missing documents, or disputes among heirs and beneficiaries.
Estates involving businesses, investment properties, or contested matters often require additional court hearings and professional valuations. One of the primary goals of advanced estate planning is to reduce or eliminate these delays whenever possible.
Related: Probate Timeline | Probate Delays | Probate Litigation | Estate Administration Process
How much does probate cost in California?
California probate fees are generally calculated using a statutory formula based on the gross value of the estate, not the net value after debts or mortgages are deducted. As a result, even estates with substantial liabilities can generate very large probate fees.
In addition to attorney and executor fees, estates may incur appraisal costs, court costs, accounting fees, bond premiums, and real estate or tax-related expenses. Many families are surprised to learn that probate costs can become significant even for moderately sized estates with highly appreciated California real estate.
Related: California Probate Costs | Avoiding Probate | Living Trust Planning | Probate Fee Calculator
Does every estate go through probate?
No. Assets held in a properly funded living trust generally avoid probate, as do many jointly owned assets and accounts with beneficiary designations. California also provides simplified procedures for certain smaller estates that fall below statutory thresholds.
However, probate may still be required if assets were never transferred into the trust or if title and beneficiary designations were not coordinated properly.
Related: Small Estate Procedures | Assets That Avoid Probate | Funding Your Trust | Probate Alternatives
What assets avoid probate?
Common probate-avoidance assets include living trusts, joint tenancy property, retirement accounts with designated beneficiaries, life insurance with named beneficiaries, and payable-on-death accounts. Certain real estate may also avoid probate through transfer-on-death deeds or survivorship arrangements.
However, these strategies must be coordinated carefully because improperly structured ownership or outdated beneficiary designations can unintentionally create legal, tax, or family conflict issues.
Related: Avoiding Probate | Trust Funding | Beneficiary Designations | Transfer-on-Death Deeds
What happens if someone dies without a will?
If someone dies without a valid will, California intestate succession laws determine who inherits the estate based on the decedent's family relationships. The court appoints an administrator to handle the estate, and that person assumes responsibilities similar to those of an executor.
In blended family situations, intestate succession can produce results very different from what the deceased person may actually have intended.
Related: Intestate Succession | Probate Administration | Blended Family Planning | Estate Planning Basics
What happens if someone dies with only a will?
A will alone generally does not avoid probate. Instead, the will serves as the set of instructions the probate court follows in administering the estate. The executor named in the will must petition the court for authority to act, and the estate remains subject to probate procedures, notices, deadlines, and statutory fees.
Related: Wills vs. Trusts | Probate Administration | Living Trust Planning | Executor Duties
What is the probate threshold in California?
California allows simplified procedures for certain estates that fall below statutory value thresholds, although special rules apply to real estate and excluded assets. These thresholds change periodically under California law, so families should avoid relying on outdated online information.
Even when simplified procedures are available, proper legal guidance often helps avoid title and liability issues later.
Related: Small Estate Procedures | California Probate Thresholds | Probate Alternatives | Affidavit Procedures
Can probate be avoided?
Yes. Proper estate planning using living trusts, coordinated beneficiary designations, and carefully structured asset ownership can often avoid probate entirely or substantially reduce probate exposure.
However, probate avoidance should not be the only goal of estate planning. More advanced planning may also address tax planning, incapacity management, asset protection, and reducing future family conflict.
Related: Living Trust Planning | Estate Tax Planning | Asset Protection | Avoiding Probate
What does an executor do?
An executor manages the probate estate under court supervision. Duties often include filing petitions, collecting and protecting assets, obtaining appraisals, notifying creditors, filing tax returns, paying claims, and distributing assets according to the will.
Executors owe fiduciary duties to beneficiaries and may face personal liability for significant mistakes or misconduct.
Related: Executor Duties | Executor Liability | Probate Administration | Fiduciary Duties
What is the difference between an executor and an administrator?
An executor is the person named in a will to administer the estate, while an administrator is appointed by the court when there is no will or no executor available to serve. Although their responsibilities are often very similar, administrators may face additional procedural requirements because there are no written instructions from the deceased person.
In many intestate estates, disagreements can arise regarding who should serve as administrator and how the estate should ultimately be distributed. Court supervision also tends to be greater when no estate plan exists.
Related: Executor Duties | Intestate Succession | Probate Administration | Choosing the Right Executor
How do you start probate in California?
Probate generally begins by filing a petition with the probate court in the county where the deceased person resided. The court then reviews the petition and, if approved, appoints the executor or administrator and authorizes them to act on behalf of the estate.
Certain notices must be provided to heirs, beneficiaries, and creditors, and additional filings are usually required throughout the administration process. Proper preparation at the beginning of probate can often reduce delays, procedural problems, and unnecessary expense later.
Related: Starting Probate | Probate Timeline | Executor Duties | Probate Administration Checklist
Can a house be sold during probate?
Yes. Probate property can often be sold during administration, although the procedures and level of court supervision may vary depending on the authority granted to the executor or administrator. In some cases, court confirmation may be required, while in others the representative may act more independently.
Real estate sales during probate frequently involve valuation issues, timing concerns, beneficiary expectations, disclosure obligations, and tax considerations. Additional complications can arise if family members occupy the property or disagree about whether it should be sold.
Related: Selling Real Estate During Probate | Probate Real Estate Sales | Executor Duties | Probate Litigation
Do all heirs have to agree to sell property?
Not necessarily. In many probate cases, the executor or administrator has legal authority to sell property even if certain heirs disagree. However, disputes may arise if beneficiaries believe the property is being sold below market value, sold prematurely, or contrary to the decedent's wishes.
In some situations, the will may direct that a particular beneficiary receive the property instead of having it sold. These disagreements often require careful communication, negotiation, and occasionally court involvement.
Related: Probate Disputes | Probate Real Estate Sales | Executor Authority | Beneficiary Rights
What happens if heirs disagree during probate?
Disagreements during probate are relatively common, especially when significant assets, blended families, or unequal inheritances are involved. Disputes may concern property sales, distributions, creditor claims, interpretation of the will, or allegations of executor misconduct.
Some matters can be resolved informally or through mediation, while others may escalate into formal probate litigation. Early legal guidance and proactive communication often help reduce both financial and emotional damage to the family.
Related: Probate Litigation | Contesting a Will | Executor Misconduct | Resolving Family Disputes
Can probate be contested?
Yes. Interested parties may challenge the validity of a will or contest aspects of the probate administration. Common claims involve undue influence, lack of mental capacity, fraud, improper execution of documents, or allegations that someone improperly manipulated the deceased person late in life.
Will contests can substantially increase costs, delays, and family conflict, particularly when there are prior estate plans or unequal distributions among children. Proper planning, medical documentation, and careful drafting during life often reduce the likelihood of these disputes.
Related: Contesting a Will | Undue Influence | Lack of Capacity Claims | Probate Litigation
Are probate records public?
Generally yes. Probate filings are usually public court records, meaning financial information, asset inventories, creditor claims, and beneficiary information may become accessible to others. For many families, especially those with significant wealth, business interests, rental properties, or privacy concerns, this public exposure is a major disadvantage of probate.
One reason many individuals utilize living trusts is to help keep family and financial matters private after death. Privacy concerns are often even greater in blended families or high-net-worth estates.
Related: Living Trust Benefits | Avoiding Probate | Privacy in Estate Planning | Probate vs. Trust Administration
What happens to debts after death?
Valid debts are generally paid from estate assets before beneficiaries receive inheritances. Creditors are typically required to follow specific claim procedures and deadlines during probate, and not all claims are necessarily enforceable.
Family members usually are not personally responsible for the deceased person's debts unless they co-signed, guaranteed obligations, or otherwise assumed liability themselves. In most situations, liability is limited to the available estate assets rather than the personal assets of surviving family members.
Related: Creditor Claims in Probate | Executor Duties | Probate Administration | Estate Debts After Death
Can an executor be removed?
Yes. A probate court may remove an executor for serious misconduct, conflicts of interest, dishonesty, failure to act, mismanagement, or violation of fiduciary duties. Beneficiaries may petition the court if they believe the executor is harming the estate or failing to properly perform required responsibilities.
Removal proceedings can become highly contentious, particularly in family disputes involving unequal distributions or allegations of financial abuse. Courts generally prefer strong evidence before removing a court-appointed representative.
Related: Executor Misconduct | Fiduciary Duties | Probate Litigation | Beneficiary Rights
Is probate required if there is a trust?
Not always. A properly funded living trust holding the deceased person's assets may avoid probate for those trust assets entirely. However, probate may still be necessary for assets left outside the trust, incorrectly titled property, or newly acquired assets that were never transferred into the trust.
This is one reason why ongoing trust maintenance and periodic reviews are critical parts of sophisticated estate planning. Even well-drafted trusts can fail to avoid probate if they are not properly funded and updated over time.
Related: Funding Your Living Trust | Trust Administration | Avoiding Probate | Common Trust Funding Mistakes
Free Resources for Executors and Families Facing Probate
