Probate Attorney in the Coachella Valley
Someone died, and now there's a court case. Let's get you through it.
We handle California probate for families across Palm Desert, Palm Springs, Indio, Cathedral City, La Quinta, Indian Wells, and Rancho Mirage. You'll get straight answers about what's ahead, what it costs, and how long it takes.
What probate actually is
Probate is the court process for transferring what someone owned after they die.
If there was a will, probate proves it's valid and carries it out. If there wasn't, California law decides who inherits. Either way a judge is involved, there's a filing, there are deadlines, and it takes a while.
Most families land here for one reason. The house was in the deceased person's name alone, and now nobody can sell it or transfer it without a court order.
You might not need probate at all
This is worth checking first. You can usually avoid probate if:
- Everything was held in a living trust
- Everything passed by beneficiary designation, like life insurance, IRAs, 401(k)s, or payable-on-death accounts
- Everything was held in joint tenancy and there's a surviving owner
- The estate is small enough to use a simplified procedure instead
If real property was in the deceased person's name alone, you're probably in probate. If you're not sure, call and we'll figure it out in one conversation. Some of these calls end with me telling you that you don't need me.
How long does probate take?
Plan on about a year. Often longer.
It depends on the court's calendar, whether there's real property to sell, and whether anyone contests anything. I'll give you a realistic read on timing when we talk.
What does probate cost?
It can get expensive. That's the honest answer, and here's why.
I don't set the fee. California does. The attorney's fee for ordinary probate work is set by state statute on a sliding scale, and it's the same formula for every probate attorney in the state. Work outside the ordinary, like a contested matter or a difficult property sale, can be billed as extraordinary services, and the court has to approve that.
Now the part that catches people. The fee is calculated on the gross value of the estate, not on what's actually left after the debts. If your mother's house was worth far more than her equity in it, the fee is figured on the full value of the house. The mortgage does not reduce it. Neither does anything else she owed.
A $500,000 home and $150,000 in accounts.
| 4% of the first $100,000 | $4,000 |
| 3% of the next $100,000 | $3,000 |
| 2% of the remaining $450,000 | $9,000 |
| Attorney's statutory fee | $16,000 |
| Court costs (filing fees, probate referee appraisal, publication) | about $1,800 |
| Executor's fee, if claimed (optional, often waived) | up to $16,000 |
| Total | ~$18,000 to ~$34,000 |
The executor is entitled to the same statutory fee as the attorney, but a family member serving as executor often waives it. The court can still award it.
This only counts assets that go through probate. Anything with a named beneficiary, like life insurance, an IRA or 401(k), or a payable-on-death account, passes outside probate and is not counted. If that $150,000 account named a beneficiary, only the home would go through probate, and the fee would be figured on $500,000.
An illustration of the statutory fees and typical costs, not a quote. Court costs vary by county, and extraordinary work can be billed on top with the court's approval.
That's how an estate that feels modest to the family ends up producing a fee nobody expected. It's also the most honest argument I can make for doing an estate plan while you still can. A properly funded living trust avoids this entirely.
Since everyone is working from the same scale, the question isn't who's cheapest. It's who answers the phone when you call.
What we do for you
Getting the case opened
Petition for probate, the required notices, and the hearing to get you appointed.
Letters Testamentary
The document that actually lets you act. It is Letters Testamentary when there is a will, or Letters of Administration when there is not. Until you have it, banks won't talk to you.
Inventory and appraisal
Cataloging what's in the estate and working with the probate referee on valuations.
Creditors and taxes
Handling claims and making sure the estate's obligations are cleared before anything is distributed.
Selling real property
Often the reason you're here in the first place. We handle the court side of getting the house sold.
Closing the estate
Final accounting, the petition for distribution, and getting the assets into the right hands.
This is a hard time. It shouldn't also be confusing.
You're dealing with a death and a court case at the same time, and probably a family with opinions about both. I'll tell you plainly where you stand, what's coming, and what it costs. If you have a question, call me and ask it.
Probate in your city
Tell me what happened
We'll figure out whether you need probate and what it looks like from here.