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Download our Free California Executor's Starter Kit
If you're not sure where to start and not quite ready to talk with an Attorney, download our free guide to get you pointed in the right direction immediately. We'll cover:
1) What every Executor should do in the first 30 days
2) Common Mistakes to Avoid
3) Typical Probate Timeline
4) What can pass outside of probate
No pressure, No Sales, No Obligation - Just real answers from attorneys who do this every day.
Do You Even Need Probate?
Many California families qualify for alternatives to full probate - but most don't even know it (and many Attorneys won't tell you about them). In your Probate Roadmap Consultation, we'll see if there's any way for you to qualify for one of the 4 most common alternatives:
1) Spousal Property Petition
2) Small Estate Affidavit
3) Heggstad Petition (850 Petition)
4) Primary Home Petition
But you don't have to guess or spend hours researching - we'll break this down for you!
What's the Probate Process?
Assuming General Probate is needed, it's typically going to take 9-15 months to complete and involves multiple court filings, deadlines, notices, and legal procedures. One small error along the way can result in major delays or rejected petitions.
Here’s the good news: We handle every step for you.
You don’t need to appear in court, chase paperwork, or learn probate law. We file, serve, notify, inventory, and close - all for one clear fee.
How Much Does Probate Cost?
Attorney Fees (and Executor Fees) for General Probate are set by California Law - Probate Code Section 10810.
It breaks out as follows:
-4% on the first $100,000;
-3% on the next $100,000;
-2% on the next $800,000;
-1% on the next $9,000,000...
But remember, before jumping into General Probate, it's important to first see if we can qualify you for a Probate Alternative or one of the 4 "Mini" Probate processes as these will save you time and money. We'll do just that in your Probate Roadmap Consulation!
No, it is not permissible for anyone to be paid for work on the estate until there is a Court Order. We typically collect a retainer fee of $2,000 to cover expected court costs during the process, but Attorney fees cannot be paid until there is a final Court Order approving the amount.
No, the cost of the Probate is not deducted against any share or personally owed by the Executor. Attorney fees, court costs, etc. are all paid “off the top” from available estate funds before anything is divided into shares for the heirs. While the Executor will often come out of their own pocket to cover any retainer fee or needed bond, this is reimbursed directly from the Estate funds before distributions occur.
Yes, but it will depend upon the case. Court filing fees, publication costs, bond (if applicable), and appraisal fees are typical parts of most cases. These will vary from case to case, usually between $2,000 – 5,000 total in most cases. Our retainer goes towards covering these costs along the way.
No, the listed “statutory fees” that go off of percentage only apply to General Probate. If you qualify for a probate alternative like a Heggstad Petition, Spousal Property Petition, Primary Home Petition, or Small Estate Affidavit, those are all handled on a flat-fee basis that will be far below the above statutory fees.
This is pretty common – usually when a house is the primary probate asset and family intends to continue living in the property. If the house is to be sold as part of the process, the issue self resolves as cash will be made available from the sale. If the family wants to keep the house, ask about setting up a payment plan to cover expected fees. There’s typically a way to make this happen without issues, we just need to know how we can best serve your needs.
Why Executors Trust Our Firm
When you’re named as Executor or Administrator, you face legal duties, deadlines, and potential personal liability. That’s a lot to take on - especially if you’ve never done this before.
Here’s why families across San Diego (and across the country) choose us:
✅ We Do It All for You:
From filing the petition to handling Court appearances and paperwork, we manage the entire process.
✅ You’ll Always Know Where Things Stand:
Your dedicated legal team keeps your case moving and keeps you informed. 2 Attorneys and 1 Legal Support Pro work on most Probate cases - and you'll have direct access to them throughout the entire process (and don't worry, you don't pay any extra for the additional team members!).
✅ No Big Upfront Payment Required:
Start your case with a $2,000 retainer to cover expected court fees. The rest of the statutory fee is paid at the end of probate from estate funds, after we have a final order from the Court for you.
✅ Out-of-Town Executors Welcome:
Not in San Diego? No problem. We’ve helped Executors across the U.S. navigate San Diego probate — without ever setting foot in California.
Let's Make This Process Easier for You
You didn’t ask for this role, but now it’s yours – and we’re here to make it as smooth and stress-free as possible.
With our firm on your side, you can manage your duties as an executor without courtroom appearances, without office visits, and without second-guessing the process.
Schedule your Free Probate Roadmap Call with our Attorneys today and take the first step toward getting through Probate.
