Probate Attorneys
When a loved one passes away without a trust, or with assets held outside of a trust, California law requires those assets to go through probate. This court-supervised process involves petitions, hearings, inventories, accountings, and formal distributions. Our attorneys handle the entire process on your behalf so you can focus on your family during a difficult time.
After our daughter was born in 1985, we modified our wills to list appropriate guardians for her and updated our trust. Again, Larry made this process easy to accomplish He made sure that should anything happen to us, our daughter and her guardians would have access to her inheritance when she needed it which gave us peace of mind.
In 1999, the Wife’s mother went into hospice without a will or trust. Larry was able to meet with her mom and make sure power of attorney and medical power of attorney was properly established. His kindness during this difficult time meant a lot to our family.
In 2005 with our daughter turning 21, we three met with Larry in his office to go over the wills and trust with her, so she would understand that everything was taken care of and that she had nothing to worry about. Again, this brought us all great peace of mind. Larry reminds us on a regular basis to review and update our wills and trust as needed.
In 2012, as we were thinking about retiring, Larry was able to make a terrific suggestion for a financial advisor who would help us set up our retirement program. Since this was something neither of us had any skill with, his recommendation, knowing our situation, was perfect.
In 2024, when a friend of ours was hospitalized, her daughter needed to be named as power of attorney and medical power of attorney, so we suggested Larry, who visited once she was discharged and was able to establish the appropriate documentation. This brought great peace of mind to our friend and her daughter.
Now, Davis & Davis LLP has been established with Larry’s son, Eric. Our daughter is looking forward to meeting with them so she may create her own will and trust. We know that Eric is going to be as thorough and caring as his father. After 40+ years with this law firm, we cannot be more delighted with their experience and care for their clients.
If you’re looking for reliable guidance on estate planning, asset protection, or preparing important legal documents, I highly recommend them. They truly care about their clients and take the time to explain your options so you feel confident about your decisions.
Highly recommend for anyone needing help with wills, trusts, powers of attorney, or comprehensive estate planning services.
WHY IT MATTERS
Why Does Probate Require an Experienced Attorney?
California probate is governed by a detailed set of statutes and court rules that control every stage of the process. Executors and administrators who attempt to navigate probate without experienced legal counsel often face delays, additional expenses, and personal liability. The following are among the most common risks.
Costly Procedural Errors
Probate requires specific petitions, notices, and filings at precise intervals. A petition filed incorrectly, a notice that does not reach the right parties, or an inventory submitted late can result in the court rejecting your filing, requiring you to start over, or imposing sanctions. Each error adds time and expense to a process that is already lengthy.
Executor and Administrator Liability
The person appointed to manage the estate (the executor or administrator) is personally responsible for carrying out their duties correctly. Mismanaging estate assets, failing to pay valid creditor claims, or distributing property before debts and taxes are settled can expose the executor to personal financial liability and legal action from beneficiaries or creditors.
Executor and Administrator Liability
The person appointed to manage the estate (the executor or administrator) is personally responsible for carrying out their duties correctly. Mismanaging estate assets, failing to pay valid creditor claims, or distributing property before debts and taxes are settled can expose the executor to personal financial liability and legal action from beneficiaries or creditors.
EXPERIENCED GUIDANCE THROUGH EVERY STAGE
Let Us Handle the Probate Process for You
Probate is one of the most complex legal processes a family can face, and you do not have to go through it alone. In a free, no-obligation consultation, we review your situation, explain what to expect, and outline how we can guide you from the first filing to the final distribution.
THE PROBATE PROCESS
What Our Probate Representation Includes
California probate follows a structured sequence of legal steps, each with its own requirements and deadlines. We manage every stage of the process so the executor or administrator can fulfill their duties with confidence.
Petition for Probate
The process begins with filing a petition with the Superior Court to open the probate case and appoint an executor (if there is a will) or an administrator (if there is no will). We prepare the petition, coordinate the required notices to heirs and beneficiaries, and represent you at the hearing.
Letters Testamentary or Letters of Administration
Once the court appoints the personal representative, it issues letters that grant legal authority to act on behalf of the estate. These letters are required by banks, financial institutions, title companies, and other parties before they will release information or assets. We ensure you receive the proper letters and understand your authority.
Inventory and Appraisal
California law requires the personal representative to file a complete inventory and appraisal of all estate assets within four months of appointment. This includes real property, bank accounts, investments, business interests, vehicles, and personal property. A court-appointed probate referee determines the fair market value of non-cash assets.
Creditor Notification and Debt Settlement
The personal representative must notify known creditors directly and publish a general notice to creditors in a local newspaper. Creditors then have a limited period to file claims against the estate. We help you evaluate each claim, negotiate where appropriate, and pay valid obligations from estate funds.
Accounting and Court Reportingn
Before the estate can be closed, the personal representative must provide the court with a detailed accounting of all income received, expenses paid, and proposed distributions. We prepare the formal accounting, the petition for final distribution, and represent you at the final hearing.
Final Distribution and Estate Closing
After the court approves the final accounting and distribution plan, the personal representative transfers the remaining assets to the beneficiaries. This may involve deeding real property, transferring financial accounts, and distributing personal property. Once all distributions are complete, we file the necessary documents to formally close the probate case.
COMMON QUESTIONS
Probate FAQs
What is probate?
Probate is a court-supervised legal process for settling a deceased person’s estate. It involves validating the will (if one exists), appointing a personal representative, identifying and valuing assets, paying debts and taxes, and distributing the remaining assets to the rightful beneficiaries. In California, probate is handled by the Superior Court in the county where the decedent lived.
How long does probate take in California?
A typical California probate takes 12 to 18 months from the initial petition to the final distribution. More complex estates involving real property in multiple counties, business interests, contested claims, or beneficiary disputes can take significantly longer. Procedural delays at the court level can also extend the timeline.
How much does probate cost?
California sets statutory fees for attorneys and personal representatives based on the gross value of the estate. For example, statutory fees on a $1 million estate are $23,000 each for the attorney and the personal representative. Additional extraordinary fees may apply for complex matters such as litigation, real property sales, or tax issues. We provide a clear fee estimate during your initial consultation.
Can probate be avoided?
Yes. The most common way to avoid probate in California is to establish a revocable living trust and transfer your assets into the trust during your lifetime. Assets held in a properly funded trust pass directly to beneficiaries without court involvement. If you are exploring your planning options, our attorneys can help you determine the best approach for your situation.
What happens if someone dies without a will?
When someone dies without a will (intestate), California’s intestacy laws determine who inherits. The court appoints an administrator to manage the estate, and assets are distributed to the closest living relatives in a specific order defined by statute. The process follows the same probate timeline and procedures, but without any direction from the decedent about their wishes.
What is the difference between an executor and an administrator?
An executor is the person named in a will to manage the estate. An administrator is appointed by the court when there is no will or when the named executor is unable or unwilling to serve. Both carry the same legal responsibilities and fiduciary duties. The court refers to both roles collectively as the “personal representative” of the estate.
Can I contest a will during probate?
Yes. California law allows interested parties to contest a will on several grounds, including lack of mental capacity, undue influence, fraud, or improper execution. A will contest must be filed within a specific time window after the probate petition is filed. If you believe a will does not reflect the true intentions of the decedent, our attorneys can evaluate your situation and advise you on your options.
Serving Families Across the San Fernando Valley and Los Angeles
Davis & Davis LLP is based in Porter Ranch, California, and represents executors, administrators, and families in probate proceedings throughout the San Fernando Valley, greater Los Angeles, and the state of California.