The Probate Court oversees the administration of estates, the execution of wills, conservatorships, and guardianships. When somebody dies intestate, or in other words without an estate plan in place, the probate court must be petitioned to grant Letters of Administration to appoint an administrator to settle the estate. When somebody dies with a will, but no trust, Letters Testamentary must be obtained appointing an executor to settle the estate. While trusts are often administered outside the supervision of the probate court, sometimes the court is needed for trust decanting, Heggstad petitions, orders determining title and succession to property, and accountings.

Californians often seek to avoid probate court because it can often take a year or more to complete the transfer of assets and settle the estate. Time is everything when it comes to probate, so working with a law firm that is efficient and responsive is paramount. In California, the attorney working the case is paid an attorney fee out of the estate when the case is closed. The executor or administrator for the estate is compensated with an executor’s commission of equal value to the attorney’s fee. These fees are statutory, which means that the percentages are written into the California Probate Code. Click below to view the California Probate Fee Calculator: