The Stanley Mosk Courthouse in downtown Los Angeles, home of the county’s probate departments.

Probate · Los Angeles County

Probate in Los Angeles County

The Stanley Mosk Courthouse on North Hill Street, where most Los Angeles County probate cases are heard. Photo: Carol M. Highsmith, public domain, via Wikimedia Commons.

When a parent dies with a house or accounts in their own name, someone needs the court’s permission to deal with them. John J. Donahue opens and runs those cases in the county’s probate court, where he is most days.

Where a Los Angeles County probate happens

Probate cases here are handled by the Superior Court’s Probate Division. Most are heard at the Stanley Mosk Courthouse at 111 North Hill Street downtown, which is where John spends most of his working days. Some are assigned to other courthouses, including the Antelope Valley courthouse in Lancaster. The hearing notice always names the department.

Filing is electronic now. Before each hearing, the court’s probate examiners post notes saying what, if anything, is missing from the file. A large part of John’s job is making sure those notes come back clean, so the hearing is short and nothing gets put over for another six or eight weeks.

When probate is needed here, and when it isn’t

A Los Angeles County estate usually needs probate when the person who died owned real estate or accounts in their own name, with no trust, no joint owner and no named beneficiary. Most homes in the county are worth more than California’s shortcut limits, so a house in Mom’s name alone almost always means a probate.

Personal property outside the house worth $208,850 or less: an affidavit can often collect it with no court case (for deaths on or after April 1, 2025).
A primary home worth up to $750,000: a shorter court petition may work instead of a full probate.
Anything in a trust, owned jointly, or with a named beneficiary: usually no probate at all.
Everything else: a probate, which John can open as soon as the documents are in hand.

What it costs, in plain numbers

California sets the lawyer’s basic probate fee by statute, and the court approves it before it is paid. It comes out of the estate at the end, not out of the family’s pocket. The formula is 4% of the first $100,000 of the estate’s value, 3% of the next $100,000, 2% of the next $800,000 and 1% of the next $9 million. On a $1.5 million estate, that is $28,000. The executor is entitled to the same amount, and family members who serve often waive it.

A few costs come up early: the court’s filing fee, publishing notice in a newspaper, and the probate referee who appraises the property. John will tell you on the first call how he handles those for your case.

From the calls John gets

“We just want to sell Mom’s house.”

Three siblings in the San Fernando Valley and one in Arizona. Mom’s house in Reseda was in her name alone. There was a will, and nobody disagreed about anything. They just couldn’t sell without a court order.

What John looks at: Whether the will names an executor, and whether the court can grant full authority to administer the estate. With that authority, an executor can usually sell the house after giving the family notice, without a court-confirmed sale.

Illustration. Details changed; not a real client. Read a story like this →

How long it takes

A straightforward Los Angeles County probate commonly takes nine months to a year and a half. The first hearing is usually set a month or two after filing. Creditors have four months after the executor is appointed to file claims, and the estate can’t close before that window ends. The rest depends on selling the house, filing tax returns and how quickly the court’s calendar moves.

Who can be the executor

If the will names an executor, the court usually appoints that person. If there is no will, or the named person can’t serve, California sets an order of priority: a surviving spouse first, then children, then other relatives. An executor who lives outside California can serve, though the court may require a bond. Family members can also agree on one person and sign consents, which keeps the first hearing simple.

The executor’s job is to gather what the person owned, pay the valid bills and taxes, keep everything insured and maintained, and keep the family informed. John handles the court side, so the executor isn’t learning the Probate Code on the fly.

In families’ own words

What families ask about probate in Los Angeles County

Do I have to go downtown?

Usually not. Many probate hearings can be attended remotely, and John appears for you. When the paperwork is clean, a first hearing can be over in minutes.

There’s a will. Do we still need probate?

Often, yes. A will says who inherits. Probate is how the court gives someone the authority to carry it out. A will on its own doesn’t let anyone sell a house or close an account.

Mom lived in Long Beach. Does that change anything?

The case is still filed in Los Angeles County. Which courthouse hears it depends on the court’s assignment rules, and John handles cases wherever they land.

Can one sibling hold everything up?

Not for long. A sibling who disagrees can object and be heard, but silence alone doesn’t stop a probate. If there’s a real dispute, John handles that too. Will and trust contests in Los Angeles County →

Can the person living in the house stay during probate?

Sometimes, for a while. But the executor is responsible for the house on behalf of everyone, which can mean rent, or a plan to move out before a sale.