California probate fees and timeline explained in simple terms.

If you own a house in Sacramento County and you’re thinking about what happens after you die, probate is the word you’ll keep hearing. Probate is the court process for proving a will and settling an estate. If you die with a will, the person you named as executor handles the paperwork, but the court still supervises. If you die without one, the court appoints someone, usually a close relative, and the same process applies. The house is the big piece most families worry about, because it often can’t be sold or transferred cleanly until probate finishes.

Executor and attorney fees in California are set by statute, not by negotiation in the usual case. The Probate Code has a fee schedule based on the gross value of the estate, and the executor and the attorney each get a percentage of that value. It’s a sliding scale, so the percentage goes down as the estate gets larger. The key thing to understand is that it’s based on gross value, not what’s left after the mortgage. So a house worth a lot with a big loan against it can still generate fees figured on the higher number. That surprises people. The court can allow extra fees for extraordinary work, and the amounts depend on the situation, so ask a lawyer to run the numbers for your specific estate before you assume anything.

How long does probate take? In general terms, think in terms of many months, not weeks. A simple estate with a clear will and one house can move along, but anything contested, any missing heir, any title problem, or a house that needs to be sold can stretch it out. Sacramento County’s court calendar matters too, and that varies. Nobody can promise you a date. If timing is critical for your family, that’s a conversation to have with an attorney who practices in this county.

There are small estate options that skip the full probate process. California has a simplified procedure for estates under a certain value, and there’s also a way to transfer a house to heirs without probate when the value fits within the limits. The thresholds change, so don’t rely on a number you heard from a neighbor. Check with the county or a lawyer about whether your situation qualifies. A living trust is the other common route. You put the house into the trust while you’re alive, name a successor trustee, and the house passes outside probate. It’s practical and often calmer for families, but a trust only works if it’s funded properly, meaning the house is actually titled in the trust. An empty trust does nothing.

This is general information, not legal advice. For your own house, talk to a California attorney, and for tax questions a CPA. If a reverse mortgage or foreclosure issue is in the picture, a HUD-approved housing counselor can help.

A closer look is at California probate fees and timeline.