Practice Area

Probate Administration

California has an intricate probate procedure. The experienced lawyers at Santiago Law Group will navigate it effectively for you.

The probate process, explained

Probate can be a very time-consuming process, lasting many months — or in extreme cases, years. We regularly handle the unanticipated conflicts and problems that arise.

Filing the petition

The first step is to file a probate petition in the county where the decedent lived. The court will then appoint a personal representative to administer and distribute the estate.

Personal representative

If a valid will exists, the named executor is usually appointed. If not, the court appoints an administrator under California intestacy law.

Inventory and asset management

The representative identifies and lists estate assets — homes, vehicles, accounts, personal property — and protects them throughout the proceeding.

Creditor claims

Creditors must be notified, and rejected claims may result in separate lawsuits that delay the closing of the estate.

Final accounting and distribution

After payments are made, the representative petitions the court for authority to distribute remaining assets and close the estate.

Statutory and extraordinary fees

California law provides for attorney and executor fees on a percentage basis depending on the amount of assets in the estate. Courts often award additional "extraordinary fees" for services performed outside the normal probate process. Importantly, attorney and executor fees in probate cases are paid by the estate at the close of the proceeding — clients are not required to pay any monies up front.

Probate doesn't have to be overwhelming

Call (818) 657-5600 to speak with an experienced California probate attorney.

Discuss Your Probate Matter