Probate attorney serving Sacramento, California.

California law, not the family, decides which county gets the case. Probate Code section 7051 places administration of the estate in the county where the decedent was domiciled at death, regardless of where the death occurred.

That rule matters more than most families expect. If a parent lived in Sacramento, Elk Grove, Citrus Heights, or Rancho Cordova, the probate belongs in Sacramento County even when every heir lives somewhere else. Where you live does not move the case.

Sacramento County probate matters are heard at the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road, Sacramento, CA 95826, which houses the court's Family Law and Probate Divisions. The court's Probate Unit and its public records kiosks are in Room 214 on the second floor, and clerk business hours are 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding court holidays.

The person in charge of the estate is the personal representative, called an executor when a will names them and an administrator when the court appoints one without a will. The role carries a fiduciary duty to the estate and to its beneficiaries.

Authority does not begin at death. Under Probate Code section 8400, no one has power to administer the estate until that person is appointed and the court issues letters, either letters testamentary or letters of administration. Banks and title companies ask for those letters because the letters are the proof of authority.

Two deadlines follow quickly. The Inventory and Appraisal, which lists and values the property to be administered, is filed within four months after letters are first issued to a general personal representative under Probate Code section 8800, although the court can allow more time. A creditor claim must be filed before the later of two dates under Probate Code section 9100: four months after letters are first issued, or 60 days after notice of administration is mailed or personally delivered to that creditor.

Once creditor claims and estate debts are resolved, the personal representative accounts to the court and asks for an order approving the final distribution of the remaining assets to the heirs and beneficiaries.

The statutory attorney fee is the same in Sacramento County as in every other California county. Probate Code section 10810 sets compensation for ordinary services as a percentage of the value of the estate accounted for, starting at 4 percent of the first $100,000 and stepping down through lower brackets as the estate grows.

The schedule is the same statewide. Probate Code section 10813 voids any agreement to pay the attorney more than that part provides, and an attorney may agree to accept less.

What does vary is everything outside that schedule. Extraordinary services, court filing costs, publication, and probate referee fees are charged separately from the statutory fee. Our California probate fees guide walks through the full schedule and the costs that sit on top of it.

Our office is in Roseville, in neighboring Placer County, at 2200B Douglas Boulevard, Suite 230. We do not have a Sacramento office, and we would rather say so plainly than imply a local storefront we do not have.

In practice it changes very little. Any attorney licensed by the State Bar of California may appear in any California probate court, and a probate case runs on documents, notice, and court deadlines. We meet with most clients by video or phone, and the Roseville office is available if you would rather meet in person.

Brandon Smith, California State Bar number 308604, handles probate matters only. California Probate Legal works with families across Sacramento County, including Downtown Sacramento, East Sacramento, Land Park, and Arden-Arcade.

This page is general information about California probate. It is not legal advice, and reading it does not create an attorney-client relationship.