A probate attorney in Roseville who does only this.
When a loved one passes, the court has a process — and it can feel impossible to read on top of grief. Brandon Smith handles California probate administration from the first petition to the final distribution, in plain language, so your family can focus on everything else loss asks of them.
Free consultation. No retainer to talk. Same-day callbacks.
At a glance
- Court
- Placer County Superior Court — Auburn
- Typical timeline
- 9–18 months, petition to distribution
- Attorney fees
- Set by statute, paid by the estate
- Serving
- Roseville, Granite Bay & all of California
The court-supervised process of settling an estate.
Probate administration is how California transfers what a person owned — their home, accounts, and belongings — to the people who inherit it, under the supervision of the Superior Court. It applies whether or not there was a will.
The executor or administrator is legally responsible for getting it right: filing the petition, notifying heirs and creditors, inventorying assets, paying valid debts and taxes, and distributing what’s left exactly as the law or the will directs. Mistakes can cost the estate money or expose the executor to personal liability.
Our job is to carry that legal weight for you. You make the decisions; we handle the petitions, the deadlines, the probate referee, the accounting, and every court appearance.
Four stages, start to finish.
Every California probate moves through the same four stages. Knowing the shape of it ahead of time is the first thing that makes it feel manageable.
- 01
File the petition and open the case
We prepare and file the Petition for Probate with the Placer County Superior Court, give the required notice to heirs and beneficiaries, and publish notice to creditors. The court sets a hearing and, once approved, issues Letters that give the executor legal authority to act.
- 02
Inventory and appraise the estate
Every asset the decedent owned is identified, listed, and — where required — valued by a court-appointed probate referee. This is the financial snapshot the rest of the case is built on.
- 03
Handle creditors, debts, and taxes
Known creditors are notified and given their statutory window to file claims. We review every claim, pay or dispute it, and make sure final income and estate tax filings are handled before anything is distributed.
- 04
Account, distribute, and close
We prepare the final accounting and petition for distribution, the court approves it, assets pass to the heirs, and the estate is formally closed. You get a clear paper trail showing the court signed off on everything.
What it costs
California sets the fees. Not us.
Statutory attorney and executor fees are written into the Probate Code as a percentage of the estate’s gross value. They’re paid by the estate at the end — not by you, up front.
Add a court filing fee of roughly $435, a probate referee’s appraisal fee, and publication costs. On your first call we’ll run your estate’s numbers and put the full figure in writing — before you decide anything.
Probate administration questions
The questions Roseville and Placer County families ask us most often. If yours isn’t here, ask it on a free call.
Do I even need probate in California?
Not every estate does. If the entire estate is under California’s small-estate limit, or if everything passed through a trust, joint tenancy, or named beneficiaries, you may be able to skip formal probate entirely. The first thing we do on a free call is tell you whether probate is required at all — and if it isn’t, point you to the simpler path.
How long does probate take in Placer County?
A straightforward California probate runs about 9 to 18 months from the petition to final distribution. Cases involving a real estate sale, creditor disputes, a will contest, or out-of-state heirs run longer. We file in the Placer County Superior Court Historic Courthouse in Auburn and work to keep your case on the short end of that range.
How much does a probate attorney cost in California?
California sets statutory attorney and executor fees by law as a percentage of the estate’s gross value — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% above that. We don’t set these fees and they’re paid by the estate, not out of your pocket. On your first call we’ll give you the actual dollar figure in writing before you decide anything.
Who is responsible for handling the probate?
The person named in the will as executor — or, if there’s no will, a close family member the court appoints as administrator. Either way, you don’t have to learn the Probate Code. You’ll sign documents and make decisions; we handle the petitions, notices, inventory, accounting, and court appearances.
What happens if there is no will?
The estate still goes through probate — it’s called intestate administration. California’s intestate succession rules decide who inherits, usually spouses and children first. The process is nearly identical; the court appoints an administrator instead of an executor, and we guide that person through every step.
Can we handle probate without coming to your office?
Yes. Most Roseville and Placer County clients work with us entirely by phone and video. Our Granite Bay office is available if you’d rather meet in person, but it’s never required.
You don’t have to know anything yet. Just call.
Tell us what happened. We’ll tell you whether probate is required, what the court will need, and what it will cost — in plain language, before you decide anything. The first call is free, and there’s no retainer to talk.
Brandon Smith · CA Bar #308604 · Admitted 2015 · Granite Bay