California Probate FAQ: Expert Answers for Executors & Heirs

Is the flat fee for probate real?

Yes. While most California attorneys charge "statutory fees" (a percentage of the estate value), MyProbateCA provides attorney-prepared probate court papers for a flat fee of $3,995 for estates up to $1,000,000 ($5,995 from $1,000,000 to $2,000,000; $7,995 over $2,000,000).

This includes:

• Attorney preparation of your court documents, which you file as the petitioner
• Review by California Bar Attorney #208356
• We check the court's probate notes and prepare the answers (Verified Supplements) before your hearing
• Dashboard tracking throughout the process

It does not include third-party costs: court filing fees (~$465), publication (~$200-350), probate referee fees (0.1% of assets), or bond premiums if required.

Can you help if the house has to be sold?

Yes, as an optional add-on. With full independent administration powers, the house can be sold without court confirmation after a Notice of Proposed Action (form DE-165) is given to the heirs and beneficiaries whose interests are affected, at least 15 days before the sale. Our fee for those papers is $995. Without those powers, a notice of sale is usually published in a newspaper first, the court must confirm the sale, and the court cannot confirm a private sale below 90% of the appraised value. Our fee for the Report of Sale and Petition for Order Confirming Sale (form DE-260), its notice and the order is $1,495. We prepare the papers and clear any probate notes on them; you sign, serve and file them, and you pay the newspaper. A court appearance at the confirmation hearing is not included; you can add our $500 limited scope appearance.

Prefer an attorney to handle everything, including court? Rozsa Gyene can represent you directly as your attorney. The fee is the statutory fee set by California law (Probate Code 10810), approved by the court. Full representation

Why is statutory probate so expensive?

Statutory fees are set by California Probate Code Section 10810. The law dates to an era when attorneys hand-typed documents and made multiple courthouse trips.

Today's technology enables dramatic efficiency. For a $1.5 million estate, statutory attorney fees are $28,000. We believe this is excessive for standard administration when modern systems can streamline the process.

Our app handles data gathering and document generation, allowing Attorney Rozsa Gyene (Bar #208356) to prepare your court papers at a fraction of the traditional cost.

What additional costs should I expect beyond attorney fees?

Can I pay in installments?

Yes. We offer flexible payment options:

• Pay in Full: Full Probate $3,995 up to $1,000,000; $5,995 from $1,000,000 to $2,000,000; $7,995 over $2,000,000; Simplified $2,495
• 3 Monthly Payments: exact thirds of your fee, for example $1,331.67 a month on a $3,995 Full Probate fee ($1,998.34 on $5,995; $2,665 on $7,995) or $831.67 a month (Simplified), and the plan stops after the third payment
• Klarna: pay over time, subject to Klarna's approval. Klarna shows you its plan and the exact amounts before you agree.

Do executors get paid?

Yes. California law allows executors to receive "statutory compensation" using the same formula as attorney fees. For a $1 million estate, executor compensation is $23,000.

However, many family member executors waive this fee to preserve estate assets for beneficiaries. The court requires you to disclose your compensation in the Final Accounting.

What is a Petition for Probate (Form DE-111)?

Form DE-111 is the official court document that starts the probate process. It identifies:

• The decedent and date of death
• Whether there is a Will
• Who is requesting appointment as executor/administrator
• All heirs at law (even if there's a Will)
• Estimated estate value
• Whether bond should be waived

The petition must be verified (signed under penalty of perjury) and filed with the original Will, if any.

What are Letters Testamentary?

Letters Testamentary (Form DE-150) are your legal proof of authority to act on behalf of the estate. Banks, title companies, and financial institutions require certified copies to:

• Access and close bank accounts
• Sell real estate
• Transfer vehicle titles
• Manage investment accounts
• File tax returns for the estate

Order multiple certified copies (at least 5-10): many institutions require originals and won't return them.

What is a Probate Referee?

A Probate Referee is a court-appointed appraiser who values estate assets. They're assigned automatically when you file the Petition. The referee:

• Appraises real estate, stocks, and other assets
• Signs the official Inventory & Appraisal (Form DE-160)
• Charges 0.1% of asset value (minimum $75)

You don't choose the referee: they're assigned by the court on a rotating basis.

What are probate notes at the Stanley Mosk Courthouse?

Probate notes are notes posted by probate examiners 5-10 days before your hearing indicating problems with your filing.

Common probate note issues include:

• Missing heir information
• Bond calculation errors
• Inconsistent dates or names
• Missing proof of mailing
• Publication problems

If you don't file a Verified Supplement clearing the notes before your hearing, the judge will continue (postpone) your case, often by 3+ months.

Can you help if I already started my case and got stuck with court notes?

MyProbateCA prepares court papers for cases that begin in the MyProbateCA client home. We do not take over a case that was started somewhere else, and answering the court's notes on such a case is not part of any MyProbateCA fee. If you want an attorney to take over your case, Rozsa Gyene can represent you directly under a separate written agreement with her law office. The fee is the statutory fee set by California law (Probate Code 10810), paid from the estate as approved by the court.

For cases that begin in MyProbateCA, checking the court's notes is part of the flat fee. We:

• Review all examiner notes
• Identify exactly what's needed
• Draft the Verified Supplement for you to sign
• Tell you how to file it before your hearing

Why do all Los Angeles probate cases go to Stanley Mosk?

Los Angeles County has centralized its probate division at the Stanley Mosk Courthouse at 111 N. Hill Street in Downtown LA.

Whether the decedent lived in Santa Monica, Glendale, Long Beach, or anywhere else in LA County, probate is filed at Stanley Mosk. This centralization means:

• Very high case volume (longest backlogs in California)
• Highly specialized examiners
• Strict formatting and filing requirements
• 8-12 week wait for hearing dates

Our extensive experience with Stanley Mosk's specific requirements helps avoid common pitfalls.

Do I have to appear in court?

Not always. Many California probate hearings can be attended remotely, if the court allows it for your hearing. Your client home shows each hearing date and what to do.

If you want an attorney at a hearing, Rozsa Gyene can appear for you at that hearing as limited scope counsel, for $500 per hearing ($600 if someone has filed an objection). You remain the petitioner. This is especially helpful if you:

• Live out of state
• Can't take time off work
• Are uncomfortable in legal settings
• Have health or mobility concerns

Which court do I file in?

You must file in the Superior Court of the county where the decedent resided at the time of death, not where the property is located or where you live.

If the decedent lived in Glendale (Los Angeles County), you file at Stanley Mosk Courthouse, even if their only asset is a vacation home in San Diego.

Am I personally liable for estate debts?

To protect yourself:

• Properly notice all known creditors
• Wait the full 4-month creditor claim period
• Pay valid debts before distribution
• File final state and federal tax returns
• Keep detailed records of every transaction

Attorney review of your Notice to Creditors and Final Accounting protects you from personal liability.

What are my duties as executor?

As executor (or administrator), you have a fiduciary duty to the estate and beneficiaries. This means you must:

• Act in the estate's best interest (not your own)
• Preserve and protect estate assets
• Keep estate funds separate from personal funds
• Provide accountings to the court and beneficiaries
• Distribute assets according to the Will or intestacy law
• File all required tax returns

Breach of fiduciary duty can result in personal liability, removal as executor, and even criminal charges in extreme cases.

Can I be the executor if I live out of state?

Yes. California allows non-resident executors. However, the court may require you to:

• Post a bond (even if the Will waives it)
• Appoint a California resident as agent for service of process

Out-of-state executors can do everything online in the client home. If you want an attorney at a hearing, Rozsa Gyene can appear for you as limited scope counsel, for $500 per hearing ($600 if someone has filed an objection).

Can I decline to be executor?

Yes. Being named executor in a Will doesn't obligate you to serve. You can decline by:

• Simply not filing the petition
• Filing a formal declination with the court

If you decline, the alternate executor named in the Will can serve. If there's no alternate (or no Will), the court will appoint an administrator, typically the next of kin.

What is a bond and do I need one?

A probate bond is insurance protecting the estate from executor mismanagement. The bond amount typically equals the total estate value plus one year's income.

You may not need a bond if:

• The Will explicitly waives bond
• All beneficiaries consent to waive bond
• You have "Independent Administration" powers

Bond premiums typically cost 0.5-1% of the bond amount annually.

How long does California probate take?

The California probate process typically takes 9 to 18 months from petition filing to final distribution.

What causes probate delays?

Common causes of extended probate timelines:

• Court backlogs: LA County often has 8-12 week waits for hearing dates
• Probate notes: Uncleared examiner notes cause 3+ month continuances
• Real estate sales: Selling property through probate takes time
• Creditor disputes: Contested claims require court resolution
• Family disputes: Contested Wills or beneficiary fights
• Tax issues: Estate or income tax problems
• Missing heirs: Locating unknown beneficiaries

Can probate be expedited?

The 4-month creditor claim period is mandatory and cannot be shortened. However, you can minimize delays by:

• Filing complete, accurate documents the first time
• Responding promptly to examiner notes
• Using Independent Administration powers (avoids court approval for routine matters)
• Working with an attorney who knows local court requirements

Do I need probate if there is a Will?

Yes. A common misconception is that a Will "avoids" probate. In California, a Will does not avoid probate: it simply provides instructions for the court to follow.

You still must complete the formal probate process to:

• Transfer real estate titles
• Close bank accounts titled solely in the decedent's name
• Access investment accounts
• Distribute assets to beneficiaries

The only way to avoid probate is with a properly funded living trust, joint tenancy, or beneficiary designations.

What if there is no Will?

If someone dies without a Will (called "intestate"), California's intestacy laws determine who inherits. The process is similar to probate with a Will, but:

• The court appoints an "administrator" instead of "executor"
• Assets pass according to a legal formula (spouse, children, parents, siblings, etc.)
• Bond is typically required

Our flat fee applies to both testate (with Will) and intestate (no Will) cases.

What is simplified probate?

California offers streamlined procedures for smaller estates:

Our flat fee for Simplified Probate is $2,495 (full probate: $3,995 up to $1,000,000; $5,995 from $1,000,000 to $2,000,000; $7,995 over $2,000,000).

What if the decedent owned property in multiple states?

You'll need "ancillary probate" in each state where the decedent owned real estate. The primary probate occurs in California (where they resided), and separate proceedings are filed in other states for out-of-state property.

Our service focuses on California probate. We can recommend attorneys in other states if needed for ancillary proceedings.

Can I do California probate myself without a lawyer?

Technically yes, but the risks are significant:

• High rejection rate: Self-filed petitions often have errors requiring refiling
• Probate notes: Examiners post deficiency notes that non-attorneys struggle to clear
• Personal liability: Mistakes in creditor notice or distribution can cost you personally
• Longer timeline: DIY probate averages 6+ months longer than attorney-assisted

Court examiners cannot provide legal advice. MyProbateCA provides attorney-prepared court papers at a fraction of traditional costs.