Why do I want to avoid probate in California?

Most people want to avoid probate in California because the process can be lengthy, expensive, and highly public. While probate serves an important legal function—ensuring that debts are paid and assets are properly distributed—it often creates unnecessary delays and costs for families.

I.      Statutory Fees for the Administrator and Attorney:

California law sets statutory fees for both the personal representative (executor or administrator) and the attorney handling the estate. These fees are based on the gross value of the estate, not the net value after debts are paid. That means even if the estate includes a home with a mortgage, the fee is calculated on the full property value.

The standard statutory fee schedule under California Probate Code §10810 is:

1.       4% of the first $100,000

2.       3% of the next $100,000

3.       2% of the next $800,000

4.       1% of the next $9 million

5.       0.5% of the next $15 million

For example, if an estate is valued at $1 million, the attorney would receive $23,000 in statutory fees—and the executor would typically receive the same amount. That’s $46,000 in fees, not including court costs, appraiser fees, or other expenses.

II.      Time and Delays:

Probate in California often takes 12 to 18 months or longer, depending on the complexity of the estate, court backlog, and whether disputes arise among beneficiaries or creditors. During this time, heirs usually cannot receive their inheritance until the process is completed and approved by the court.

III.      Public and Procedural Burdens:

Probate cases are a matter of public record, meaning anyone can access information about the deceased’s assets, debts, and beneficiaries. The process also requires formal filings, mandatory notices, appraisals, and court hearings—all of which can add administrative burden and stress to grieving families.

IV.      Better Alternatives:

Because of the costs and delays, many Californians plan ahead to avoid probate. Common strategies include creating a revocable living trust, using beneficiary designations on financial accounts, or holding property in joint tenancy with right of survivorship. These tools can allow assets to transfer more efficiently, privately, and at a fraction of the cost.