Losing someone you love is hard enough. Add a long court process on top of that, and families get buried twice — once in grief, once in paperwork. Here’s the deal: in California, many estates have to go through probate, a court-supervised process that can drag on for a year or more and cost thousands of dollars in fees. Doesn’t matter if you’re a homeowner, a parent, a small business owner — if you own property in Los Angeles, Orange, San Bernardino, or Riverside County, this affects you. The good news? With the right planning, most families can skip probate entirely. Let’s break down how probate actually works in California and what you can do right now to protect your family. Protect your rights — we handle the rest.
What Probate Is and What This Means for You
Probate is the court’s way of transferring a deceased person’s assets to their heirs or beneficiaries. If someone dies with a will, probate confirms the will is valid and oversees the distribution of whatever’s named in it. No will? That’s called dying intestate, and California’s intestate succession laws step in to decide who inherits what. Want the full legal framework? Check out the California Probate Code.
In most Southern California counties, probate kicks off when someone files a petition with the Superior Court in the county where the deceased person lived. From there, the court appoints an executor (named in the will) or an administrator (when there’s no will) to run the show. That person’s job? Track down assets, notify creditors, pay off debts and taxes, and finally distribute what’s left to the heirs. Our team sees this process firsthand all the time — and we know how overwhelming it can feel. If you want to dig into the official forms and general information, the Judicial Council of California has it all at courts.ca.gov/probate.
Probate can take anywhere from eight months to several years, depending on the complexity of the estate and whether anyone contests the will. Attorney and executor fees are set by statute under Probate Code Section 10810 and are based on a percentage of the estate’s gross value, not just the net value after debts. As of November 6, 2026, these statutory fee percentages have not changed: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and smaller percentages on larger amounts. This means a $700,000 house with a $500,000 mortgage could still generate probate fees based on the full $700,000 value.
How Probate Affects Families in Los Angeles, Orange, San Bernardino, and Riverside Counties
Southern California has some of the highest home values in the country. In cities like West Covina, Anaheim, Ontario, Pomona, Riverside, and San Bernardino, even a modest single-family home can push an estate’s value well past the $184,500 threshold that generally requires formal probate under Probate Code Section 13100 (this figure is current as of November 6, 2026, and is adjusted periodically by the Judicial Council). This means many families who think of themselves as modest in wealth still end up in probate court simply because real estate values are high.
Families without a trust often face several practical problems. First, real property cannot be sold or refinanced until the court confirms the executor’s authority, which can delay the sale of a home for many months. Second, probate records are public, so anyone can view what assets existed and who received them. Third, if family members disagree about the will or the choice of executor, the case can become contested, adding more delay and expense. This often happens when there are blended families, estranged relatives, or no will at all.
Small business owners in Riverside, San Bernardino, and the Inland Empire face an added risk: without a succession plan, a business can be tied up in probate while the court decides who has authority to run it, sign contracts, or access business bank accounts. This can affect employees, vendors, and ongoing contracts while the matter works through the court.
What You Should Do Now to Plan Your Estate
- Create a revocable living trust. Assets properly transferred into a trust generally avoid probate because the trust, not the court, controls how property passes to beneficiaries.
- Fund the trust. A trust only works if assets, such as real estate, bank accounts, and business interests, are actually retitled in the name of the trust. An unfunded trust does not avoid probate.
- Use beneficiary designations. Retirement accounts, life insurance policies, and payable-on-death bank accounts can pass directly to a named beneficiary without probate.
- Consider a transfer-on-death deed for real estate. California allows certain residential property to pass to a named beneficiary using a revocable transfer-on-death deed under Probate Code Section 5600 and following sections.
- Review and update your plan regularly. Marriage, divorce, the birth of a child, or buying property in a new county are all reasons to review an existing estate plan.
- Talk to an attorney about your specific assets. Business interests, out-of-state property, and blended family situations often need customized planning beyond a basic trust.
If you also run a business, coordinating your estate plan with your business structure matters. TEZ Law Firm’s business litigation page addresses disputes that can arise when succession planning is missing or incomplete, and the firm’s real estate and construction page covers issues related to property titling and transfers that often intersect with estate planning.
How TEZ Law Firm Can Help
TEZ Law Firm’s estate planning, trusts, and premarital agreements practice helps individuals and families in West Covina, City of Industry, Newport Beach, and surrounding Southern California communities prepare wills, revocable living trusts, powers of attorney, and advance health care directives. The firm can review an existing plan, help fund a trust, or assist with transfer-on-death deeds and other tools designed to reduce the likelihood of probate. Managing attorney JJ Zhang (California Bar No. 326666) oversees the firm’s California practice areas, including private client and estate planning matters.
Frequently Asked Questions
Does every estate have to go through probate in California?
No. Estates valued under the statutory small estate threshold, currently $184,500 as of November 6, 2026, may qualify for a simplified process instead of formal probate. Assets held in a properly funded trust, joint tenancy property, and accounts with valid beneficiary designations generally pass outside of probate as well.
How long does probate take in California?
Most uncontested probate cases in Los Angeles, Orange, San Bernardino, and Riverside Counties take between eight months and eighteen months. Contested cases, complex assets, or estates with out-of-state property can take significantly longer.
What is the difference between a will and a living trust?
A will only takes effect after death and generally must go through probate. A revocable living trust can take effect during your lifetime and generally allows assets placed in the trust to pass to beneficiaries without court supervision after death.
Can I avoid probate if I already own real estate in my own name?
Real estate titled in your individual name generally must go through probate unless you add a transfer-on-death deed, place the property into a trust, or hold title jointly with rights of survivorship. Each option has different tax and legal consequences, so it is worth reviewing your specific situation.
What happens if someone dies without a will in California?
If a person dies without a will, this is called dying intestate, and California’s intestate succession laws under the Probate Code determine who inherits the estate. The court still appoints an administrator, and the estate generally still goes through probate unless assets pass outside of probate through other means, such as a trust or beneficiary designation.
Planning ahead can help your family avoid the delay, cost, and public exposure that often come with probate court. If you live in West Covina, Los Angeles, Anaheim, San Bernardino, Riverside, Ontario, Pomona, or elsewhere in Southern California and want to review your estate plan, you can schedule a consultation with TEZ Law Firm through the firm’s contact page to discuss your options.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact TEZ Law Firm (West Covina, California) at 626-888-6856 or [email protected] about your situation. Prior results do not guarantee a similar outcome.