Can Probate Be Done Without a Lawyer

Can You Handle California Probate Yourself?

Yes, you can absolutely do probate without a lawyer in California. It's called "pro se" representation, meaning you represent yourself. Many Californians successfully navigate probate on their own, especially for smaller estates. But it's not always the smoothest route.

Think of DIY probate like filing your own taxes. Simple situation? You can probably manage it. But if there's a business involved or family fighting over assets? Professional help might save you headaches.

When DIY Probate Works in California

Self-representation makes the most sense in these situations:

• Small estates: California has simplified procedures for estates under $184,500 (this amount adjusts for inflation).
• Simple assets: Maybe a house, bank account, and personal belongings. Nothing too complex like business interests or investment portfolios.
• Family gets along: Everyone agrees on who gets what. No drama or old grudges surfacing.
• Straightforward debts: A few credit cards or medical bills. Nothing like business loans or tax problems.
• Clear will: The deceased left simple, easy-to-understand instructions.
• You have time: California probate typically takes 8-18 months. You'll need to dedicate serious hours to paperwork and court requirements.

Understanding what assets skip probate can help you figure out if DIY probate makes sense. Fewer assets going through probate means less complexity for you.

What You'll Actually Need to Do

California probate involves several key steps:

File the petition: You'll file papers at the Superior Court in the county where the person died. The court officially names you as executor, giving you legal authority to handle everything.

Notify everyone: California law requires you to notify all beneficiaries and heirs within 60 days. You'll also need to publish a notice in a local newspaper for three weeks straight to alert potential creditors.

Inventory everything: You must list all assets and get them appraised by a court-appointed appraiser (called a probate referee). This includes real estate, bank accounts, personal property, and investments.

Handle debts: Pay legitimate debts and claims against the estate. In California, creditors have four months from when you send them notice to file claims.

File tax returns: Complete final income tax returns and possibly estate tax returns. California doesn't have a state estate tax, but federal estate tax might apply to larger estates.

Distribute assets: After paying debts and taxes, distribute what's left to beneficiaries according to the will.

Close the case: File final paperwork with the court to officially close probate and end your duties as executor.

If you're thinking ahead about estate planning, check out our guide on how to start your estate plan from scratch to potentially avoid probate complications down the road.

Your Role as Executor in California

As executor, you're legally responsible for everything. This means acting in the estate's best interest, not your own.

You'll need to keep detailed records of every decision and transaction. California courts can ask to see these records at any time. Beneficiaries also have the right to request accounting information.

You're personally liable if you make mistakes or act improperly. This includes things like paying invalid debts, distributing assets too early, or not following proper procedures.

Understanding the trustee role can give you insight into similar fiduciary responsibilities you'll have as executor.

Common California Probate Challenges

Even simple cases can hit roadblocks:

• California's paperwork: The state requires specific Judicial Council forms filled out exactly right. One mistake can delay everything.
• Strict deadlines: Miss a California court deadline and face penalties or complications that push back your timeline by months.
• Legal jargon: California probate code uses technical language that's hard to understand without legal training.
• Creditor issues: Figuring out which claims are valid under California law requires understanding debt collection rules.
• Real estate transfers: California property transfers involve recording deeds correctly with county recorders and understanding title issues.
• Tax complications: California has its own tax rules that interact with federal requirements in complex ways.
• Family disputes: Even small disagreements can explode into court battles that require legal intervention.

Using a revocable trust in your estate planning can help avoid many California probate hassles entirely.

When California Probate Needs a Lawyer

Definitely consider hiring help if you face:

• Family members fighting over assets or challenging the will's validity
• Someone contesting the will or questioning the deceased's mental capacity
• Complex California real estate holdings, business interests, or investment accounts
• Significant debts that might exceed the estate's value
• Potential federal estate tax liability (estates over $12.92 million in 2023)
• Unclear will language that creates confusion about who gets what
• Beneficiaries living outside California or internationally
• You're feeling overwhelmed by California's specific requirements and procedures

If the estate includes California real estate, understanding the best ways to leave a house to your children can help you decide if professional guidance would benefit your situation.

California Probate Costs

DIY probate isn't free, even without lawyer fees. California court filing fees range from about $465 to $750 depending on the estate size.

You'll also pay for certified copies (around $25 each), newspaper publication (roughly $500), probate referee fees (0.1% of asset values), and potentially tax preparation services.

Factor in your time too. California probate often requires 60-120 hours of work spread over 12-18 months. That includes research, form preparation, court appearances, and ongoing case management.

California DIY Probate Resources

California offers excellent self-help resources:

Most California Superior Courts have self-help centers with free forms and instructions. Court staff can help with procedural questions but can't give legal advice.

The California Courts website has comprehensive probate guides and all the official forms you'll need. They also provide step-by-step instructions for common situations.

Some California legal aid organizations offer limited probate assistance or workshops. Check with your local bar association for pro bono services or low-cost legal clinics.

Consider buying a California-specific probate guide. These books walk you through state requirements and include practical tips from experienced practitioners.

Making the Right Choice

You can definitely handle California probate yourself if the estate is straightforward. It requires patience, attention to detail, and comfort with bureaucracy.

Start by honestly evaluating your situation's complexity. California has good self-help resources, but don't hesitate to get professional help if things get complicated.

Remember, you can always hire a lawyer partway through if needed. Many attorneys are happy to step in and help complete a case you started yourself.

The key is being realistic about your capabilities and the estate's complexity. Success comes from staying organized, meeting deadlines, and knowing when to ask for help.

Curt Brown, Esq. Curt is a principal in the firm’s estate planning practice, helping individuals and families design personalized wills, trusts, and long-term legacy strategies. Learn More

Disclaimer: The content on this blog is for general informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship with ElmTree Law. For advice regarding your specific situation, please consult a qualified attorney.