Six Areas of California
Estate Planning
Each practice area is approached with the same commitment — education first, clarity always, and support that extends well beyond the signing of documents.
Probate Guidance
in San Diego
County
Understanding the California Probate Process: A Step-by-Step Guide
Navigating California's court-supervised estate administration process.
When a loved one passes away owning assets in their individual name, probate, California's court-supervised estate administration process, may be required. The process involves court filings, mandatory timelines, and statutory fees calculated on the gross value of the estate, not the equity.
One of the most surprising aspects of probate for many San Diego families: a home worth $1,200,000 with a $900,000 mortgage may still generate fees based on the full $1,200,000. We guide families through every stage with clear communication.
- Probate typically takes 9–18 months in California
- Fees based on gross value, not net equity after mortgage
- Both attorney and executor entitled to statutory compensation
- Court filings, notices, and petitions handled for you
- Clear communication throughout, executors always know the status
- Support from initial petition through final distribution
Probate Representation
Guided support through California's court-supervised estate administration process.
9–18
Months Typical
Gross
Value Used For Fees
Our Process
File Petition
Superior Court, San Diego County Probate Division
Appoint Representative
Executor (with will) or Administrator (without)
Asset Identification
Inventory and formal appraisal of estate assets
Notice to Creditors
Required notice period and debt resolution
Final Distribution
Court approval then asset distribution to heirs
Navigating probate for the first time? Start with a free conversation.
Book a Free Clarity CallFrequently Asked Questions
How long does probate take in San Diego County?
Most probate cases take approximately 9–18 months depending on the estate and court scheduling. Factors include property sales, creditor claims, and the complexity of the estate.
Does having a will avoid probate?
No. A will directs the court but does not avoid probate. A properly funded revocable living trust is the most common way to avoid probate in California.
Are probate fees based on net value?
No. California probate fees are generally calculated based on gross fair market value — not the equity remaining after debts. This distinction significantly affects the cost for many San Diego homeowners.
Estimate California
Probate Fees
California probate attorney fees are set by statute and calculated based on the gross value of the probatable estate — not the net equity after mortgages or debts.
This means a home worth $1,200,000 with a $900,000 mortgage may still generate fees based on the full $1,200,000 value. Use this calculator to estimate.
ESTATE VALUE
ATTORNEY FEE RATE
First $100,000
4%
Next $100,000
3%
Next $800,000
2%
Next $9,000,000
1%
Both the attorney and executor are entitled to this statutory compensation. Extraordinary fees may apply for real estate sales or litigation.
Understand the cost of probate.
Enter the gross fair market value of the estate — before any mortgages or debts.
START WITH CLARITY
Estate planning does not need to feel overwhelming.
Understand your situation - Answer initial questions - Determine the right next step