Overview
Probate is the court-supervised process by which a decedent's assets are collected, creditors are
paid, and the remaining estate is distributed, whether pursuant to a valid will or under the laws
of intestate succession set forth in Probate Code section 6400 et seq. In California, probate is
conducted in the Superior Court of the county in which the decedent resided at the time of
death.
The firm represents petitioners, personal representatives, administrators, trustees, and
beneficiaries in probate proceedings throughout Northern California. Our role is to move the
estate through probate efficiently, address creditor claims, handle real property sales and
distributions, and close the estate while protecting the personal representative from personal
liability.
Who We Represent
We represent nominated executors seeking to be appointed, administrators appointed where
there is no will, beneficiaries and heirs seeking information or distribution, surviving spouses
petitioning under the spousal property procedures, and successor trustees administering a trust
following the death of the settlor.
The firm also represents parties in probate litigation, including will contests, trust contests,
accounting disputes, breach of fiduciary duty claims, financial elder abuse claims under Welfare
and Institutions Code section 15610.30, and petitions under Probate Code sections 850 and
17200.
Services We Provide
Services include preparation and filing of the petition for probate, notice to heirs and creditors,
publication, bond procurement and waiver, inventory and appraisal coordination with the
Probate Referee, creditor claim evaluation, sale of estate real property with and without full
authority under the Independent Administration of Estates Act, preparation of accountings,
petitions for preliminary and final distribution, and closing of the estate.
For clients who do not need a full probate, the firm prepares spousal property petitions under
Probate Code section 13650, small estate affidavits under Probate Code section 13100, petitions
to confirm trust assets under Probate Code section 850, and heggstad petitions where assets
were intended to be held in trust but were not formally retitled.
Our Approach
Probate is administrative, paperwork-intensive, and procedurally unforgiving. The firm uses a
structured case plan with scheduled milestones so that personal representatives understand
exactly what must occur, when, and what will be required of them. Communication is proactive
and written, so that fiduciaries have a clear record of their decisions and a clean paper trail for
the final accounting.
Fees for statutory probate work are set by Probate Code sections 10800 and 10810 and are
calculated as a percentage of the gross value of the estate. Those fees are paid from the estate
and require court approval. Extraordinary services, such as real property sales and litigation, are
billed separately and require a court order.
Frequently Asked Questions
How long does probate take in California?
A straightforward California probate typically takes nine to eighteen months from filing to close.
Real property sales, creditor disputes, and beneficiary disputes can extend that period.
Do all estates require probate?
No. Estates consisting primarily of trust assets, assets passing by beneficiary designation, joint
tenancy assets, and small estates under the statutory threshold in Probate Code section 13100
can often be transferred without full probate.
Can I serve as executor without an attorney?
A personal representative may proceed without counsel, but the procedural requirements are
extensive and errors can create personal liability. Most personal representatives retain counsel,
whose fees are paid from the estate and approved by the court.
What is the difference between probate and trust administration?
Probate is court-supervised. Trust administration is not, provided the assets were properly titled
in the name of the trust before death. The firm handles both.
If you have been named as executor, appointed as administrator, or are a beneficiary with
questions about an estate, contact The Law Offices of Robert Warwick to schedule a probate
consultation.