Sacramento Probate Attorney

Guiding Estates Under California Probate Law

If you’re grieving a death in the family, let us first say, before anything else, how very sorry we are for your loss. Death can be so hard; we understand how losing a loved one causes enough pain and stress without the added burden of involving the legal system. However, if they passed away having organized their affairs in a certain way – even if they have a will – their property may have to go through a California court process known as probate before you or their other beneficiaries can receive possession of their assets.

The bad news is that probate can be complicated; the good news is that you do not have to face probate alone. Our compassionate Sacramento probate lawyer has the knowledge and experience necessary to provide you with the legal support you need to successfully navigate and resolve probate. Equal Justice Law Group can simplify your next steps and make a difficult time easier on you and your loved ones.

Call today to schedule a consultation and learn more about what we can do to serve you.

What Is Probate?

Probate, or estate administration, is the legal process California courts use to ensure a deceased person’s will is legitimate. This allows them to distribute the property (“estate”) in question to the designated heirs based on the will’s instructions. If the will is found to be invalid, or if the person did not leave a will behind, the courts will distribute the estate by following California intestate (state-based succession) laws.

Generally, probate will not need to occur if the deceased person had a comprehensive estate plan or a trust, owned all of their assets jointly, had transfer-on-death/payable-on-death beneficiary designations on all of their accounts, or owned less than $184,500 worth of “countable” assets on or after April 1, 2022.

Without any of these prior preparations in place, their estate will likely have to go through probate. The probate process tends to be time-consuming, tedious, and expensive, involving plenty of paperwork – it’s the last thing that most people want to have to deal with after the death of a loved one. Any mistakes can prolong a resolution or even lead to lawsuits, in some cases.

Most people have never heard of probate before the death of a family member, yet they are forced to navigate it during a time when they should be free to mourn. That’s why working with a lawyer can be enormously beneficial; a local attorney who is familiar with probate can explain how the process works and take care of everything for you so you can focus on moving forward with your life.

The Sacramento probate lawyer at Equal Justice Law Group knows how to guide you through the probate process. We can protect you from personal liability and help you administer your deceased loved one’s estate as quickly and efficiently as possible.

Understanding Probate Costs and Statutory Fees in California

One of the most common concerns families have when facing probate is how much the entire process will cost. California law establishes a statutory fee structure for both the personal representative (executor or administrator) and the probate attorney, based on the estate’s total value. Understanding these costs upfront helps you plan accordingly and reinforces why keeping assets out of probate through estate planning is so valuable.

How Statutory Fees Are Calculated

California’s statutory fees for both the executor and the probate attorney are calculated as a percentage of the estate’s total value:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
0.5% of the next $15,000,000

For example, an estate valued at $500,000 would generate $13,000 in statutory fees for the attorney and another $13,000 for the personal representative — a combined $26,000 before any additional costs are factored in.

Additional Costs Beyond Statutory Fees

Court filing fees are required at multiple stages of probate and vary by county
Appraisal fees for real property, personal property, and other assets that must be professionally valued
Bond premiums if the court requires the executor to obtain a surety bond
Extraordinary fees may be approved by the probate court when the case involves complications such as probate litigation, trust disputes, resolving disputes among beneficiaries, or selling real estate

An experienced Sacramento probate attorney at Equal Justice Law Group can help minimize unnecessary costs and guide you through the process efficiently.

When Probate Disputes Arise and How They’re Resolved in Sacramento

Even when a deceased person left clear instructions, disagreements among family members, beneficiaries, and creditors can complicate the probate process and delay the distribution of assets. Probate litigation adds time, expense, and emotional strain to an already difficult situation. The Sacramento probate lawyer at Equal Justice Law Group helps clients navigate these disputes and works toward resolutions that protect everyone’s best interests.

Common Types of Probate Disputes

Will contests. Beneficiaries or family members may challenge the validity of the will, arguing that the deceased person lacked mental capacity, was under undue influence, or that the document was improperly executed under California law. These challenges must be filed with the probate court within specific deadlines.
Executor disputes. Heirs may disagree with how the personal representative is handling estate administration, including accusations of mismanagement, self-dealing, or failure to uphold their fiduciary duty to act in the beneficiaries’ best interests. The court can remove an executor who is not fulfilling their obligations.
Creditor claim disputes. When creditors file claims against the estate, the executor must evaluate each one and determine whether it is legitimate. Disputed claims may require court involvement to resolve, particularly when the estate lacks sufficient assets to satisfy all obligations.
Disputes over asset valuation. Disagreements about the total value of real property, business interests, or personal property can affect how assets are distributed among heirs and how statutory fees are calculated.
Trust disputes intersecting with probate. When some assets are held in a living trust while others pass through probate, conflicts can arise between the trustee and the executor over which assets belong to which process, creating overlapping legal issues that require experienced guidance.

Resolving disputes efficiently requires a probate attorney who understands Sacramento’s court procedures and can advocate effectively before the probate court while keeping litigation costs manageable for the estate and its beneficiaries.

What Can Our Sacramento Probate Lawyer Do For You?

If you have been appointed as your deceased loved one’s estate executor, you have many legal tasks to complete before probate can be closed. Equal Justice Law Group can explain your legal duties and then handle (or help you handle) all of those tasks, including:

Filing a probate petition and the deceased person’s will with the county court
Paying filing fees
Applying as a representative or executor if the will did not establish one
Notifying the heirs and beneficiaries of the deceased’s estate
Dealing with disputes over the will’s validity, if any arise
Securing their assets and appraising them
Notifying creditors of the deceased
Paying creditor claims, filing tax returns, and paying any outstanding taxes
Gathering financial documents and other paperwork for the court to review (final accounting)
Closing the estate and distributing the remaining assets to the heirs and beneficiaries
And more.

Depending on the size and scope of the deceased person’s estate, this process can take anywhere from a few months to a few years to complete if there are no complications (which our attorney can help prevent).

Call Equal Justice Law Group To Help You With Probate

If you’re going through a legal process, you should have legal counsel, and that’s especially true when it comes to the confusing, detailed nature of probate. Our knowledgeable Sacramento probate attorney has been simplifying probate for clients for over 20 years. We can save you time, money, and stress; we will help you meet deadlines on time and avoid unnecessary fees.

Contact our Sacramento, California probate attorneys today to schedule your consultation. You can meet our caring team members, ask questions, learn about your options (without legal jargon), and get the right expectations. We have offices in Sacramento, Jackson, and El Dorado Hills for your convenience. Call now.