Somebody died, they owned a house, and there was no trust. That is the situation this page is about, and there is a path through it.
Probate in Los Angeles County is administered at the Stanley Mosk Courthouse and typically takes well over a year. The fees are set by statute rather than negotiated, which means everyone quoting you a price is quoting the same number.
How it goes
- A petition is filed and a hearing date is assigned, usually months out.
- Notice goes to heirs and is published.
- The court appoints a personal representative and issues Letters.
- An inventory is prepared and a probate referee appraises the non-cash assets.
- Creditors get notice and a limited window to make claims.
- Assets get sold or managed, taxes get filed, debts get paid.
- A petition for final distribution goes in, and the court signs off.
None of that is difficult in isolation. It is slow because the court's calendar is slow, and because each step waits on the one before it.
What it costs
California sets probate compensation by formula, on the gross value of the estate before debts. The attorney and the personal representative are each entitled to the same amount.
| Portion of the gross estate | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
Gross, not equity
A $1.2 million house with a $700,000 mortgage is a $1.2 million estate for fee purposes. The debt does not reduce the calculation. This is the single most expensive misunderstanding in California probate.
You may not need full probate at all
Since April 2025, a decedent's primary residence worth up to $750,000 can go through a simplified court procedure. Other assets under $184,500 can often move by small estate affidavit. A surviving spouse frequently has a faster route through a spousal property petition.
We check for those first. Some firms do not, because full probate pays better.
“I have had two files this year that other offices had already opened as full probates when a spousal property petition would have finished in a fraction of the time. Ask whoever you hire which procedure they are using and why.”
Delia Vasquez-HartQuestions we get asked
Do I have to pay anything up front?
Generally no. Statutory fees are paid from the estate at the end, on court approval. Filing fees and the probate referee are costs that come out of estate funds along the way.
Can we sell the house during probate?
Yes. Whether it needs court confirmation and an overbid hearing depends on the authority granted to the personal representative.
What if there is no will?
The estate passes under California's intestate succession rules, which may not match what anyone expected, particularly in blended families.
How long, really?
Plan on twelve to eighteen months for a straightforward LA County estate. Longer if there is a contest, a difficult asset, or a tax issue.
Start here
Find the deed and the most recent mortgage statement. Whether this is a full probate or one of the shortcuts usually turns on the property, and those two documents answer it.