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What Is Probate Court in California?

The Legal Wrangler  /  April 12, 2025

A Plain-English Guide from The Legal Wrangler (Who Ain’t a Lawyer)

Howdy, folks. If you’ve recently lost a loved one — or you’re just trying to get your ducks in a row before you ride off into the sunset — you’ve probably heard the word “probate.” And let me tell you, for something so common, it sure does confuse a lotta people.

So let’s saddle up and break it down: simple, honest, and straight to the point.

So… What Is Probate Court?

Probate court is the legal rodeo where a person’s affairs are settled after they pass on. In California, if someone dies with a will or without one, and they’ve got property over a certain value, their estate may need to go through probate — even if the family is on the same page.

Here’s what the court does:

✅ Makes sure the will (if there is one) is legit

✅ Appoints someone (called an executor or administrator) to round up and manage the assets

✅ Pays off debts and taxes

✅ Distributes whatever’s left to the rightful heirs

Simple? Sort of. Fast? Not always. Cheap? Nope.

When Is Probate Required?

If the total value of the estate is more than $184,500 (as of 2024), and the assets weren’t held in a trust, joint ownership, or didn’t have named beneficiaries, then yes — probate is likely required.

That includes:

  • Real estate

  • Bank accounts

  • Vehicles

  • Personal property (like collections or valuables)

Smaller estates can sometimes be handled with a simple affidavit, but it depends on the situation.

How Long Does It Take?

Probate usually takes around 18 months in Kern County — sometimes longer if things get messy (think family feuds, missing heirs, or weird assets). It’s a court process, so you’re working on the court’s schedule, not your own.

Is It Expensive?

It can be. California sets Attorney probate fees based on the gross value of the estate — that’s before debts, court fees, and probate referee fees are subtracted.

Here’s the basic breakdown of statutory fees (for both the executor and attorney — if you hire one):

  • 💵 4% of the first $100,000

  • 💵 3% of the next $100,000

  • 💵 2% of the next $800,000

So, for a $500,000 home— You’re looking at about $13,000 in probate attorney fees right off the bat — and that’s before any court costs, appraisals, or paperwork filing fees.

Can Probate Be Avoided?

Yup — and a lot of folks plan their estate to stay the heck outta court. Here are a few ways people do it in California:

✅ Living Trusts (this is the gold standard)

✅ Joint tenancy or community property with right of survivorship

✅ Named beneficiaries on retirement accounts, life insurance, etc.

✅ Transfer-on-death deeds (for real estate)

✅ Pay-on-death accounts (for bank accounts)

Wrangling the Paperwork

If you’re staring down probate papers and wondering where to even start — or if you’re planning ahead to save your family time, money, and stress — you don’t have to go it alone.

As a Registered Legal Document Assistant (LDA) here in Kern County, Mojave Legal Docs can help you prepare and file the legal forms, keep you organized, and steer you in the right direction.

🚫 Mojave Legal Docs is not a law firm, and can’t give legal advice —
✅ But Mojave Legal Docs can help you handle the paperwork like a pro (without the law-firm price tag).

Final Word from The Legal Wrangler

Probate can feel like a dusty trail through unfamiliar territory, but with the right hire, you’ll get through it.

Got questions about starting probate in California?
Need help with the forms?

Need forms that avoid probate?

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