Probate in California

Losing a loved one is never easy, and dealing with the legal process that follows can feel overwhelming. If your family member passed away without a proper estate plan, their assets may have to go through probate—a court-supervised legal process that can be time-consuming, expensive, and stressful for your family.

At the Law Office of Matthew Triet Vo, we help families navigate California probate law and provide strategies to avoid probate entirely through proper estate planning. Whether you’re currently facing probate or looking to protect your assets for the future, we’re here to guide you every step of the way.

What Is Probate, and Why Can It Be So Expensive?

Probate is the legal process of administering an estate when someone passes away. This includes verifying a will (if one exists), settling debts, and distributing assets. Unfortunately, in California, probate can take 9 months to 2 years and often results in high court and attorney fees.

Unlike other states, California sets probate attorney and executor fees based on the gross value of the estate, meaning the costs don’t account for debts or mortgages. This can result in thousands of dollars in unnecessary expenses.

For example, here’s how California probate fees are calculated:

• $500,000 Estate → $13,000 in probate fees

• $1 Million Estate → $23,000 in probate fees

• $2 Million Estate → $33,000 in probate fees

These fees can quickly drain an estate, leaving beneficiaries with much less than expected. Additonally, probate is a public process, meaning all your estate details become public in court records, rather than remain private.

How to Avoid Probate in California

The best way to protect your family from probate costs and long delays is through strategic estate planning. A properly structured living trust allows your assets to transfer directly to your beneficiaries without court involvement, saving them time, money, and stress.

Here are a few ways to avoid probate in California:

• Create a Revocable Living Trust – Assets placed in a trust bypass probate entirely.

• Establish a Will – While a will alone won’t avoid probate, it ensures your wishes are clearly outlined.

• Name Beneficiaries on Accounts – Designating payable-on-death (POD) or transfer-on-death (TOD) beneficiaries for bank accounts and investment funds keeps them out of probate.

• Joint Ownership – Property held in joint tenancy or community property with right of survivorship passes directly to the surviving owner.

Without these protections, your loved ones could face a long and costly legal battle just to access what rightfully belongs to them.

How We Can Help You

At the Law Office of Matthew Triet Vo, we work closely with clients to develop customized estate plans designed to:

• Minimize probate costs and ensure a smooth transfer of assets.

• Protect your loved ones from unnecessary legal delays.

• Maintain privacy by keeping your estate out of public court records.

• Provide peace of mind knowing your assets are handled according to your wishes.

Whether you need help navigating probate or want to create a solid estate plan to avoid it, our firm is here to assist you with expert legal guidance. Call us at (408) 978-7076 today.