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
- Placer & Sacramento Counties, and 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.
Is formal probate what you need?
Not every estate needs a court-supervised probate. On the first call, Brandon tells you whether yours does. Here is how that question usually sorts out under California law.
Formal probate is usually required when
- The decedent held assets in their own name alone, with no trust, joint owner, or named beneficiary, and the gross value of that property is above the small-estate limit in Probate Code section 13100, which is $208,850 for a death on or after April 1, 2025.
- The decedent held California real estate in their own name alone and it does not fit one of the simplified real-property procedures.
- Someone needs court authority to act for the estate, for example to sell property, deal with creditors, or resolve a dispute over the will.
Formal probate is often not required when
- The assets were held in a living trust. The trustee usually transfers trust assets without a court-supervised probate.
- The assets passed automatically by joint tenancy or by a beneficiary designation, such as a payable-on-death account, life insurance, or a retirement account. Probate Code section 13050 leaves joint tenancy property, property in a revocable trust, and payable-on-death accounts out of the small-estate count. Which assets must go through probate explains the difference.
- The qualifying property is $208,850 or less for a death on or after April 1, 2025, and at least 40 days have passed since the death, so a small estate affidavit may collect it without a court case.
- A surviving spouse can ask the court to confirm property passing to them under Probate Code section 13650 without a full administration, through a spousal property petition.
- The main asset is the decedent’s primary residence valued at $750,000 or less, which may qualify for a petition to determine succession instead of a full probate.
What we do, and where
- California Probate Legal handles California probate matters only. We do not draft wills or trusts.
- Our office is in Roseville. We file in Placer and Sacramento Counties and, under Probate Code section 7051, in whichever California county the decedent lived in. Most clients meet by phone or video.
- The first call is free. You will hear whether probate is required and, if it is, the statutory fee figure in writing before you decide anything.
Not sure which of these describes your situation? That is a normal place to start, and it is what the first call is for.
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 the attorney’s fee for ordinary probate services by statute, as a percentage of the estate’s gross value. Under Probate Code section 10810 it is 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, and one-half of 1% of the next $15,000,000; above $25,000,000 the court sets a reasonable amount. The personal representative’s fee follows the same schedule under section 10800.
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 Roseville 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 2016 · Roseville