Probate

Probate across San Diego County

When a San Diego County decedent's estate must pass through probate court, the process involves filing a petition, inventorying assets, notifying creditors, paying debts, and distributing property to heirs, all under court supervision. We match families and executors with vetted, licensed estate-planning and probate attorneys who guide the estate through each step of the California probate process.

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Probate attorney reviewing estate documents and court filings with a San Diego County executor at a law office

What's included in this service?

File the petition to open probate with the San Diego County Superior Court and obtain appointment of the executor or administrator
Publish the required creditor notice in a local newspaper and send written notice to known creditors
Prepare an inventory and appraisal of estate assets with a court-appointed probate referee
Review and respond to creditor claims, pay valid debts from estate funds, and object to invalid claims
Prepare accountings and reports required by the court during the administration period
Petition for final distribution of remaining assets to heirs or beneficiaries named in the will or determined by intestate succession

When do you need this service?

A family member died with assets in their individual name, not in a trust, and the gross estate exceeds $184,500
You have been named as executor in a will and need guidance on your duties and liability as a fiduciary
The decedent died without a will and California intestate succession law will determine who inherits
There is a dispute among heirs or a creditor claim that requires court resolution
Real property is titled in the decedent's name and must be transferred to heirs through court process

What do homeowners ask about Probate?

How much does probate cost in California?

California sets probate attorney and executor fees by statute. The attorney fee and the executor fee are each calculated on the gross estate value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9,000,000. On a $700,000 estate (a modest San Diego home), the statutory attorney fee alone is approximately $18,000. Court filing fees, publication costs, and the probate referee fee add to the total.

How long does probate take in California?

California probate takes a minimum of 12 months from the date the petition is filed. Most San Diego probates run 12-18 months without disputes. Contested estates, creditor disputes, or tax issues can extend the process to 24 months or longer. Assets are generally not distributed until the court issues a final order.

What assets go through probate in California?

Assets held in the decedent's individual name that exceed the $184,500 threshold go through probate. Assets that pass outside of probate include property in a living trust, accounts with a named beneficiary (life insurance, IRAs, 401(k)s, payable-on-death bank accounts), and jointly titled property with right of survivorship. A probate attorney reviews the estate to identify which assets are subject to probate and which pass directly to heirs.

Can probate be avoided in California?

Yes, for most assets. A properly funded living trust avoids probate for assets held in the trust. Accounts with named beneficiaries pass directly to the beneficiary. California also has a small estate affidavit procedure for estates below the probate threshold. The most common reason a San Diego estate ends up in probate is that the decedent had a living trust that was not fully funded, or no estate plan at all.

Are the probate attorneys in your network licensed in California?

The probate and estate-planning attorneys we match are licensed members of the State Bar of California. You can verify any California attorney at calbar.ca.gov before signing a fee agreement. Trust Law SD is a referral service and is not a law firm.