Experienced counsel through the California probate process.
When formal probate is needed, we represent executors and administrators and handle the case from the initial petition through final distribution. Our first step is to understand the estate and determine whether a simpler transfer procedure may be available.
We guide families through probate from our offices in San Jose and San Francisco, in English, Cantonese or Mandarin.
When someone you love has passed
Losing someone close to you is hard enough without unfamiliar court proceedings. Whether you have been named executor or a family member needs to be appointed to settle the estate, you do not have to navigate probate on your own. Before selling, transferring or distributing anything, please speak with us first.
A court process with real obligations
Probate is a formal, court-supervised process with filings, notices, hearings, deadlines and approvals. An executor or administrator owes duties to the heirs, beneficiaries and creditors of the estate and can be held personally responsible for mistakes. Early decisions about the home and other property can be difficult to undo.
Transparency protects everyone
Even close families can find that grief, money and long-held feelings collide. We handle each probate with full transparency and in keeping with what California law requires, so heirs and beneficiaries stay informed and you are supported in fulfilling your role.
We handle the probate from petition to final distribution
Our office prepares and manages each part of the case for you, keeping you informed and involved in the decisions that are yours to make.
- Reviewing the estate and whether a simpler procedure may apply
- Preparing and filing the petition, and appearing at hearings
- Required notices to heirs, beneficiaries and creditors
- Inventory, appraisal and creditor claims
- Court approval for the sale or transfer of the home
- Working with your CPA, or helping you engage one, on the estate’s accounting and tax returns
- Court approval of the final accounting and distribution
- Santa Clara, San Francisco, San Mateo, Alameda and Contra Costa counties
- All surrounding Bay Area counties
- Matters elsewhere in California, including Southern California
Our probate services are provided as a complete engagement, with the scope and fees, including the fees set by California law, explained before we begin. We prepare every petition, notice and court filing ourselves, so we can stand behind each one.
Understanding the cost of probate
Many families worry about the cost of probate at a time when they already have a great deal to carry. In California, the attorney’s fee for ordinary probate services is set by statute (Probate Code section 10810) and calculated from the value of the estate. It is paid from the estate itself, not from your own funds.
There is nothing to pay upfront for the statutory fee. It is paid at the close of the case, once the court has approved it, at the same time the executor and beneficiaries receive their distributions.
Statutory attorney fee$23,000
| Portion of the estate | Fee |
|---|---|
| 4% of the first $100,000 | $4,000 |
| 3% of the next $100,000 | $3,000 |
| 2% of the next $800,000 | $16,000 |
| 1% of the next $9 million | $0 |
The executor or administrator is entitled to a statutory fee in the same amount.
For an estate above $10 million, we would be glad to discuss the full fee with you.
- The fee is based on the gross value of the estate, so a mortgage or other debt does not reduce it.
- Only assets passing through probate are counted. Property held in a trust, owned in joint tenancy or left to a named beneficiary is not included.
- Extraordinary services, such as a sale of real property, litigation or tax matters, may call for additional fees, which the court must approve.
- Court filing fees, publication, the probate referee’s appraisal and any bond are paid separately by the estate.
With the fee established by law, the choice of attorney comes down to experience and the care you receive along the way. Attorney Cynthia Lee has practiced since 2001, and probate has long been a central part of her work. She and her team guide each family personally, in English, Cantonese or Mandarin, from the first filing until the estate is settled.
This calculator offers an illustration rather than a quote. We review each estate and explain the fees before any work begins. Nothing you enter here is stored or sent. A properly funded living trust avoids probate for the assets it holds.
“Cynthia Lee and her team are excellent at what they do & go beyond what is expected, and are very Professional. My Father in Law had his trust done this last December, he recently passed in (February) and Cynthia was very helpful in walking my Husband and I through the process. During a difficult time she was so kind and understanding and I would highly recommend her to everyone!”
Testimonials describe individual experiences. Results depend on the facts and law applicable to each matter and will differ when those facts differ.
What happens to my house if I die without a trust?
The answer depends on how the home is titled and the transfer procedures available to your family. Formal probate may be necessary, but other options can apply. We review the ownership and your circumstances before recommending a course. A properly funded living trust is one established way to avoid formal probate for the home.
How much does probate cost?
California sets the attorney’s fee for ordinary probate services by statute, based on the gross value of the estate. For a $1,000,000 estate, for example, the fee is $23,000. It is paid from the estate at the close of the case, once the court has approved it, when the executor and beneficiaries receive their distributions, so there is nothing to pay upfront for the statutory fee. Additional services and court costs may add to it. The calculator on this page shows how the fee is figured.
How long does probate take?
Probate is court-supervised, and even straightforward estates commonly take a year or more. After reviewing the estate, we give you a realistic sense of what to expect.
Do I have to live in California to be executor?
An executor who lives outside California can often serve. We handle the court work and meet with you by Zoom, so distance is rarely an obstacle.
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Talk with us before you take the next step.
Meetings are by appointment, weekdays 9:30 AM – 5:00 PM, by Zoom or at our offices. Call 888.380.2288 or 415.693.8882, or request a time online. Consultations in English, Cantonese or Mandarin.