Probate is one of those words people hear constantly in estate planning and rarely have explained clearly. It's not a punishment, and it's not automatically a disaster — but it is slower, more public, and more expensive than most people expect.
Probate is the court-supervised legal process used to validate a will (or apply intestate succession law if there isn't one), pay a deceased person's debts, and transfer their remaining property to the correct beneficiaries.
What Actually Happens During Probate
In California, probate typically involves the court appointing an executor or administrator, that person identifying and valuing the estate's assets, notifying creditors and beneficiaries, paying valid debts and taxes, and finally distributing what's left according to the will or intestate succession law. Every step happens under court supervision, with hearings and paperwork at each stage.
How Long Does It Actually Take?
Most California probate cases take somewhere between nine months and eighteen months from start to finish, even for relatively straightforward estates. More complex estates — multiple properties, business interests, disputes among beneficiaries, or creditor claims — can extend well beyond two years.
The delay isn't usually because anyone is doing anything wrong. It's built into the process: statutory waiting periods for creditor claims, court calendar availability, and the simple fact that every significant step requires a hearing or a filing.
What Does Probate Cost?
California law sets statutory fees for the executor and the attorney handling the probate, calculated as a percentage of the estate's gross value — not its net value after debts. On a $1,000,000 estate, statutory attorney and executor fees alone can each run in the tens of thousands of dollars, before court filing fees, appraisal costs, and other expenses.
How a Trust Helps You Avoid It
Assets properly transferred into a revocable living trust during your lifetime generally bypass probate entirely, since the trust — not you personally — already holds legal title. The trustee you named can distribute those assets directly to beneficiaries, without court involvement, typically in a matter of weeks or months rather than a year or more.
The catch is the word "properly." A trust only avoids probate for assets actually retitled into it. A trust sitting in a drawer with your house still deeded in your own name accomplishes nothing — the house still goes through probate.
| With Probate | With a Funded Trust |
|---|---|
| Typically 9–18+ months | Often weeks to a few months |
| Court fees plus statutory attorney and executor fees | Trust administration costs, generally lower and more predictable |
| Public court record | Private, no public filing |
| Requires court hearings at each stage | Handled by the trustee, no court involvement required |
Does Every Estate Go Through Probate?
No. California allows simplified procedures for smaller estates, and certain assets — property held in joint tenancy, accounts with valid beneficiary designations, assets in a properly funded trust — generally pass outside probate regardless of estate size. Whether your estate would actually need full probate depends on how your specific assets are titled today.
Key Takeaways
- Probate is the court-supervised process for validating a will, paying debts, and distributing an estate — it typically takes 9 to 18 months or longer.
- California's statutory probate fees are based on the estate's gross value, not what's actually owned after debts.
- A revocable living trust avoids probate, but only for assets actually retitled into it.
- Whether your estate would go through probate depends on how your specific assets are titled right now.