California Probate Lawyer

California Probate Attorney

Suffering the loss of a loved one can be a very difficult time in your life. It shouldn’t be made more difficult with paperwork. Probate in California can be complex, but your burden can be lessened with the help of a knowledgeable California probate lawyer.

Our team at Sakamoto & Ruelas, APC, has helped clients throughout California by offering probate solutions. Whether you are an executor tasked with carrying out your loved one’s wishes or are seeking aid with probate litigation, we can help you. There is no reason to face this troublesome time alone.

What Is Probate Court?

Probate is the legal process of reviewing a deceased’s will. This includes appointing a personal representative (executor), paying all outstanding debts, and distributing remaining assets. California probate court is handled at the county level by the Superior Court.

California law requires probate in most cases, and it begins when an executor files a petition for probate in the county court where the deceased lived at the time of death. If the size of the estate is smaller than $184,500 in assets and the deceased died between April 1st, 2022, and March 31^st, 2025, California probate law allows you to collect or transfer assets without going through the full probate process.

This amount has been updated to $208,850 if the deceased died on or after April 1^st, 2025.

Another way to avoid probate is if the deceased person is survived by their spouse. The surviving spouse may avoid probate in California by filing a Spousal Property Petition. If the petition is approved, then the estate will not need to go through probate.

How a Probate Lawyer Can Help You

One way to ease the struggle of losing your loved one and navigating this tricky process is by hiring a probate lawyer. A skilled lawyer can help you throughout the process and specifically with:

• Court orders
• Property sales
• Title transfers
• Debt management
• Conflict mediation
• Accurate disbursement of assets

No matter where you are in the probate process, a lawyer can step in and help you navigate the court system with ease.

What Sets Us Apart

At Sakamoto & Ruelas, APC, our women-owned firm has over 25 years of combined experience in probate law. Navigating the probate process may be beyond your comfort level as you mourn the loss of your loved one.

Our team is available to meet with you to explain the probate process and help you navigate it with ease. Unlike other law firms, our team is skilled in drafting accounting paperwork for clients. You can rest assured that no matter your needs, we will help you and can draft all the required documents.

Our firm is in Cerritos, California, but we are available to help clients nationwide with their California probate needs. We can meet with you virtually to discuss your options and obligations and help you navigate the nuances of California probate law.

FAQs

Do I Need a Lawyer for Probate in California?

The state of California does not require you to have a probate lawyer for your case, but it is recommended that you do. Probate can be a complex and time-consuming process, but a California probate attorney can help simplify the process for you. An experienced lawyer can help:

• Prepare and file court documents,
• Manage notices to heirs and creditors,
• Provide legal interpretation of the will,
• Help resolve any tax or debt issues.

What Is the Average Cost for a Probate Attorney in California?

There is no set average cost for a probate attorney in California, as costs can vary based on the size of the estate and the complexity of the case. Lawyers typically bill clients using one of these three methods:

• Flat rate, common for simple services such as drafting and filing documents.
• Hourly rate
• Contingency, which is mostly used in contested cases.

Reach out to an attorney directly to discuss your case and their fees.

What Is the Difference Between an Estate Lawyer and a Probate Lawyer?

An estate lawyer works with clients before death to assist in creating wills, trusts, and estate plans to manage assets and minimize tax penalties after they pass. A probate lawyer takes over after death and works with clients to help navigate the court process of validating wills, paying debts, and distributing assets to beneficiaries.

Our attorneys at Sakamoto & Ruelas, APC, handle both areas of law, working with clients daily to create estate plans or to navigate probate.

What Is the Average Length of Probate in California?

The probate process in California can take anywhere from 9 to 18 months on average. Hiring a California probate attorney can help speed up the process by ensuring the accuracy and timeliness of court filings.

Many factors can affect the timeliness of an estate’s processing through probate court. For instance, probate cases can drag on past the 18-month time frame when the estate is complex and being disputed amongst heirs. A lawyer can help streamline the process.

What Problems Commonly Occur During Probate in California?

Some of the most common problems that occur during probate in California are:

• The will is invalid because the owner was not of sound mind at the time it was created.
• Disputes amongst beneficiaries.
• The executor breached their fiduciary duty.
• The will was created under coercion and is therefore invalid.
• Family members disagree with who was appointed as executor.
• Guardianship disputes

No matter what problem occurs, our legal team is here to help.

Hire a Probate Lawyer

No matter what your situation is or how complex your case is, our team is ready to help you. At Sakamoto & Ruelas, APC, we are skilled in drafting important probate documents and petitions. We have over two decades of combined experience working with California probate laws and can streamline this complex process for you.

Call our Orange County office today to schedule an initial consultation. You may reach us by completing a form or by using the consultation form on our website. As a women-owned firm, we understand the sensitivity of this matter and will help you in any way we can to ease the burden.