Probate Attorney Los Angeles – Elder Care Law California | Laura Butkute, Esq.
Probate is the court-supervised process of settling a deceased person's estate. When someone dies owning assets in their name alone — no trust, no joint title, no beneficiary — those assets must pass through probate before heirs can receive them. A California Superior Court oversees the entire process: validating the will, appointing a personal representative, resolving debts, and distributing what remains. It is a public, time-consuming, and expensive process that most families are unprepared for.
California Probate — Quick Facts:
- Typical timeline: 9–18 months (complex estates: 2–3+ years)
- Typical cost: 4%–7% of gross estate value (statutory fees set by law)
- Probate threshold: $208,850 in personal property (deaths on/after April 1, 2025)
- Court required: Yes — unless assets pass through a trust, joint title, or beneficiary designation
- Can it be avoided: Yes, with a properly structured living trust or estate plan
You're Grieving. The Court Doesn't Wait.
Losing a loved one is hard enough. Navigating a court system most people have never dealt with — on a deadline, while grieving — is an entirely different burden.
You're probably asking:
- Do we even need probate? Where do we start?
- How long will this take — and what will it cost?
- What happens to the house, the bank accounts, the car?
- What if there are debts — or family members who disagree?
These are exactly the questions Laura Butkute answers every day for Los Angeles families.
Laura Butkute, Esq. has practiced exclusively in elder law and estate administration since 2004. A UCLA School of Law graduate with a Master of Laws degree, she combines deep probate experience with Medi-Cal planning, asset protection, and conservatorship — a holistic advantage most probate attorneys simply can't offer.
📞 Call us today for your free probate consultation. We'll tell you exactly what's required, what it will cost, and how we handle everything — start to finish — so you don't face the court alone.
Do You Need Probate in California?
Probate is likely required if any of the following apply to your situation:
- The decedent owned real estate titled in their name alone
- Total assets subject to probate exceed $208,850 (personal property threshold, deaths on/after April 1, 2025)
- No living trust was in place at the time of death
- Bank or investment accounts have no payable-on-death or transfer-on-death designations
- There is no surviving joint tenant on titled property
Probate is likely not required if:
- All assets were held in a revocable living trust
- Accounts and policies pass via named beneficiaries
- Property was held in joint tenancy or community property with right of survivorship
- The total estate falls below the small estate affidavit threshold
The fastest way to know for certain is a short conversation with our team. Many families discover the answer — and a clear path forward — in a single free call.
| Situation | Probate Required? | What to Do Instead |
|---|---|---|
| Assets held in a living trust | ❌ No | Trust administration — no court needed |
| Joint tenancy real estate | ❌ No | File an affidavit of survivorship |
| Accounts with POD/TOD beneficiaries | ❌ No | Present death certificate to institution |
| Life insurance / IRA with named beneficiary | ❌ No | File claim directly with carrier or plan |
| Personal property under $208,850 | ⚠️ Possibly avoided | Small estate affidavit (Prob. Code § 13100) |
| Real estate in decedent's name alone | ✅ Yes | Formal probate required — call us |
| Assets over $208,850 with no trust | ✅ Yes | Formal probate required — call us |
| No will, no trust, sole ownership | ✅ Yes | Intestate probate — court distributes by law |
Note: Thresholds are adjusted periodically under California law. Contact Elder Care Law California for current figures before making decisions.
Not sure which column your situation falls in? A free 15-minute call with our team will give you a clear answer — and a clear next step.
How Probate Works in California (Step-by-Step)
California probate follows a structured court process governed by the California Probate Code. Here is what to expect from start to finish.
Step 1 — File the Petition (Weeks 1–4)
The process begins by filing a petition with the Los Angeles County Superior Court to open probate. If there is a will, it must be filed with the court at this stage. The court then sets a hearing date, typically 4–8 weeks out.
Step 2 — Appointment of the Personal Representative (Weeks 4–8)
At the initial hearing, the court appoints an executor (named in the will) or an administrator (when there is no will). That person receives Letters Testamentary or Letters of Administration — the court documents authorizing them to act on the estate's behalf.
Step 3 — Notice to Creditors and Beneficiaries
The personal representative must publish a notice to creditors in a local newspaper for at least 4 consecutive weeks, notify known creditors in writing, and formally notify all heirs and beneficiaries. Creditors then have 4 months from the date of appointment — or 60 days from written notice, whichever is later — to submit claims.
Step 4 — Inventory and Appraisal
All probate assets are inventoried and valued by a court-appointed probate referee — an independent appraiser assigned by the California State Controller's Office. The referee establishes fair market value for most assets, excluding cash and certain financial accounts.
Step 5 — Manage Estate Assets
While probate is open, the personal representative manages estate property — maintaining or selling real estate, overseeing accounts and investments, paying valid creditor claims and expenses, and keeping a detailed record of every transaction.
Step 6 — File Tax Returns (If Required)
The personal representative may need to file the decedent's final income tax return and, if applicable, a California estate income tax return. Federal estate tax returns (Form 706) are generally required only for estates exceeding the current federal exemption.
Step 7 — Petition for Final Distribution
After debts, taxes, and expenses are paid, the personal representative files a Petition for Final Distribution along with a full accounting. The court reviews both and, if approved, issues a distribution order.
Step 8 — Court Order and Asset Transfer
Once the judge signs the final order, assets transfer to heirs. Deeds are recorded for real estate. Financial institutions release accounts. The estate is closed.
Every step involves deadlines, court filings, and legal notices. Missing one can delay — or derail — the entire process.
Call (866) 822-7211 — let Laura Butkute handle it from day one →
How Long Does Probate Take in California?
California probate typically takes 9 to 18 months from filing to final distribution. Estates with real estate disputes, contested wills, creditor issues, or Medi-Cal recovery claims can take 2 to 3 years or longer.
Why Does It Take So Long?
- Mandatory creditor waiting period: The 4-month creditor claim window cannot be shortened.
- Court scheduling backlogs: Los Angeles Superior Court calendars are consistently congested. Hearings may be months apart.
- Real estate sales: Selling probate property requires separate court confirmation, adding time to the process.
- IRS and FTB clearance: Unresolved tax issues can stall final distribution significantly.
- Will contests or family disputes: Litigation introduces unpredictable delay and cost.
What Can Speed Things Up?
An experienced probate attorney keeps the process moving by filing correctly the first time and anticipating every court requirement. Errors or missing documents force continuances — adding months of delay for your family.
Court backlogs are unavoidable. Paperwork mistakes are not.
Talk to our team today — timely, accurate filing protects the estate →
How Much Does Probate Cost in California?
California probate costs are substantial — often 4% to 7% of the gross estate value or more. Attorney and executor fees are set by statute and based on the gross estate value, not what remains after debts.
Statutory Attorney and Executor Fees (Probate Code §§ 10810–10811)
| Gross Estate Value | Statutory Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
Both the attorney and the executor are each entitled to these fees — so combined statutory fees can be double the schedule above.
Example: A $600,000 estate — common in Los Angeles, where a single home can easily reach that value — generates approximately $23,000 in statutory attorney fees and $23,000 in statutory executor fees. That is $46,000 in combined fees before court costs, appraisal, publication, or taxes.
Additional Probate Costs
- Court filing fees: $435–$500+ to open probate, plus fees for subsequent filings
- Probate referee fee: Approximately 0.1% of appraised assets
- Publication costs: $200–$500+ for required creditor notice publication
- Accounting and tax preparation: Varies by estate complexity
- Extraordinary fees: Additional court-approved fees for services beyond routine administration — contested claims, real estate sales, litigation
The Cost of Not Having a Trust
These figures are why so many Los Angeles families work with Laura Butkute before a crisis — to establish trusts that bypass probate entirely. When probate is unavoidable, our goal is to move efficiently and minimize every unnecessary cost.
Want to know exactly what probate will cost for your loved one's estate?
When Is Probate Required in California?
For deaths on or after April 1, 2025, probate is generally required when a person dies owning personal property valued over $208,850 in their name alone — without a beneficiary designation or joint title. A separate, higher threshold applies to a decedent's primary residence; contact us for current figures, as thresholds are adjusted periodically under California law.
Whether an asset is subject to probate depends on how it is titled or designated — not simply its dollar value.
Note: Thresholds are adjusted periodically for inflation. Contact Elder Care Law California for the most current figures before making any decisions.
Assets That Typically Require Probate
- Real estate titled solely in the decedent's name
- Bank accounts without payable-on-death (POD) beneficiaries
- Investment accounts without transfer-on-death (TOD) designations
- Personal property (vehicles, jewelry, collectibles) above the threshold
- Business interests held in the decedent's name alone
Assets That Typically Avoid Probate
- Assets held in a living trust
- Accounts with named beneficiaries (IRAs, 401(k)s, life insurance)
- Joint tenancy real estate (passes automatically to the surviving owner)
- Community property with right of survivorship
- Small estates below the affidavit threshold
Small Estate Exception (Probate Code § 13100)
California allows a simplified affidavit process for estates where total personal property subject to probate does not exceed $208,850 (for deaths on or after April 1, 2025). This avoids full probate court proceedings. A separate provision applies to a decedent's primary residence — call us to confirm which threshold applies to your situation, as these figures are updated periodically.
Not sure whether probate is required? One conversation usually provides a clear answer.
When Probate Can Be Avoided
Probate is not inevitable — with proper planning, most families can bypass the court system entirely.
Laura Butkute's integrated approach to estate planning means she doesn't just handle probate after it becomes necessary. She helps families structure their estates — through trusts, beneficiary designations, and titling strategies — to avoid probate altogether.
Primary Tools to Avoid Probate in California
- Revocable Living Trust: The most comprehensive solution. Assets held in trust pass directly to beneficiaries without court involvement.
- Beneficiary Designations: Retirement accounts, life insurance, and many financial accounts can name beneficiaries directly, bypassing probate.
- Joint Tenancy: Co-ownership with right of survivorship transfers property automatically at death — though this carries its own tax and legal considerations.
- Community Property with Right of Survivorship: Available to married couples and registered domestic partners in California.
- Payable-on-Death / Transfer-on-Death Designations: Many banks and brokerages allow POD and TOD designations for accounts and real property.
Proper planning now can save your family tens of thousands of dollars and more than a year of court process.
Probate in Los Angeles County — What Makes It Different
Los Angeles County is one of the largest and most complex probate jurisdictions in California. Local knowledge matters.
Los Angeles County Superior Court — Probate Division
Most Los Angeles County probate cases are filed at:
Stanley Mosk Courthouse
111 North Hill Street, Los Angeles, CA 90012
Depending on the decedent's address, additional district courthouses may also be appropriate. Our team knows exactly where to file and how to navigate Los Angeles's specific procedural requirements, local judicial preferences, and hearing calendars.
Local Factors That Affect Your Case
- High real estate values: A single Los Angeles home often pushes an estate well above the probate threshold, making court involvement almost inevitable without advance planning.
- Court backlogs: LA Superior Court probate calendars are among the most congested in the state. Experienced, accurate filing minimizes unnecessary continuances.
- Medi-Cal estate recovery: California's Department of Health Care Services (DHCS) may file a creditor claim in probate for benefits paid during the decedent's lifetime. This is a complex area where Laura Butkute's dual probate and Medi-Cal expertise is uniquely valuable.
- Multi-property and complex estates: Many Los Angeles decedents held multiple properties or family real estate interests, each requiring precise handling.
Laura Butkute has practiced in Los Angeles County for over 20 years. She knows the courts, the process, and how to protect your family's interests at every stage.
Why Choose Laura Butkute and Elder Care Law California?
Probate often arrives in the middle of grief. You need an attorney who is experienced, efficient, and genuinely on your side.
20+ Years of Exclusive Elder Law Practice
Laura Butkute has practiced exclusively in elder law since 2004. She has never split her focus across general practice areas — and that depth of specialization shows in every case.
UCLA Law Graduate With a Master of Laws Degree
Laura holds her J.D. from UCLA School of Law and an LLM Master of Laws degree. She is an active member of the Estate Planning, Bankruptcy, and Probate Law sections of the Los Angeles County Bar Association.
Integrated Probate + Medi-Cal + Estate Planning Expertise
Most probate attorneys manage the court filing process. Laura Butkute manages everything around it — Medi-Cal estate recovery defense, asset protection planning, and post-probate trust administration. That integrated approach catches costly issues that narrowly focused attorneys routinely miss.
We Handle Everything — Start to Finish
From the first petition to the final distribution order, our team manages every filing, every deadline, every court appearance, and every creditor response. You stay focused on your family. We stay focused on the court.
Satellite Offices Throughout Southern California
We serve families across Los Angeles County, Orange County, and Long Beach from our main office in Marina Del Rey and satellite offices in Torrance, Encino, Pasadena, Westlake Village, Anaheim, and Long Beach. In-home consultations are also available — we come to you.
475 Washington Blvd, Suite 200
Marina Del Rey, CA 90292
Mon–Fri: 9:00 am – 5:00 pm
Free Initial Consultation — No Risk, No Obligation
We offer every family a free initial consultation. There is no risk in calling. There is real risk in waiting — court deadlines do not pause for grief.
Let Laura Butkute and our team take this burden completely off your shoulders.
📞 Call (866) 822-7211 Now — Free Probate Consultation
🗓️ Schedule Online at ElderCareLawCA.com →
Frequently Asked Questions About Probate in California
How long does probate take in California?
California probate typically takes 9 to 18 months from filing to final distribution. Complex estates — those involving real estate disputes, contested wills, or Medi-Cal recovery claims — can take 2 to 3 years or more.
How much does probate cost in California?
Costs typically range from 4% to 7% of the gross estate value. California law sets statutory attorney and executor fees on the same schedule — both parties receive fees based on gross estate value, so combined fees can be substantial. Additional costs include court filing fees, probate referee fees, and publication.
Is probate required if there is a will in California?
Yes, in most cases. A will must be filed with and admitted by the probate court to be legally effective. The will may name an executor, but the court must formally appoint that person before they can act on behalf of the estate.
Can probate be avoided in California?
Yes. Assets held in a living trust, accounts with valid beneficiary designations, and jointly titled property typically pass outside of probate. A properly drafted estate plan is the most reliable way to avoid court involvement entirely.
What is the small estate threshold in California for 2025?
For deaths on or after April 1, 2025, the personal property threshold for the simplified small estate affidavit process is $208,850. A separate threshold applies to a decedent's primary residence. These figures are adjusted periodically — contact Elder Care Law California for current information before making decisions.
Does California Medi-Cal affect the probate process?
Yes. California's Department of Health Care Services (DHCS) may file a creditor claim in probate to recover Medi-Cal benefits paid during the decedent's lifetime. This is a specialized intersection of probate and Medi-Cal law where Laura Butkute's combined expertise provides significant protection for families.
How do I start the probate process in Los Angeles?
Probate begins with filing a petition at the Los Angeles County Superior Court. The petition must include the original will (if one exists) and required supporting documents. Our team manages every step of this process — from the initial filing through final distribution.
Related Resources From Elder Care Law California
- Probate Process California — Step-by-Step Guide
- How Long Does Probate Take in California?
- How Much Does Probate Cost in California?
- Small Estate Affidavit California — Avoiding Full Probate
- How to Avoid Probate in California
- What Happens If You Die Without a Will in California?
- Executor and Administrator Duties in California
This page provides general information about California probate law and is not intended as legal advice. Every estate is unique. Contact Elder Care Law California for personalized guidance specific to your situation.
Elder Care Law California serves clients throughout Los Angeles County, Orange County, Long Beach, Marina del Rey, Torrance, Encino, Pasadena, Westlake Village, Anaheim, and surrounding Southern California communities.
Elder Care Law California | Laura Butkute, Esq.
475 Washington Blvd, Suite 200, Marina Del Rey, CA 90292
(866) 822-7211 |
info@eldercarelawca.com
Mon–Fri: 9:00 am – 5:00 pm | Satellite offices throughout Southern California
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