Probate · Los Angeles
Probate in Los Angeles, explained plainly
Illustration. Not a real client.
Probate is the court process that settles a person’s estate when their property wasn’t held in a trust: it confirms the will or the heirs, appoints someone to take charge, pays the bills, and passes what’s left to the right people. In Los Angeles that court is the probate department of the Superior Court, and most of it happens at the Stanley Mosk Courthouse downtown.
John J. Donahue handles probate for families who need to get through it, and he litigates the cases that turn into fights.
Do I have to go through probate?
Not always.
- Property in a living trust usually passes without probate. The successor trustee handles it privately.
- Small estates. California lets heirs collect personal property without probate when the estate is under a set limit, using a declaration rather than a court case. The limit is adjusted every few years.
- A primary residence of limited value. Since 2025, California has offered a simpler court petition for passing a parent’s home when its value is under a set limit, instead of a full probate.
- Joint tenancy, payable-on-death accounts and beneficiary designations pass outside probate.
If there’s a will and a house or other real property outside a trust, and none of those shortcuts fits, probate is usually required.
From the calls John gets
“He didn’t own anything. Why probate?”
A daughter’s father rented his apartment and owned no house, so she expected no probate. Then she learned that a claim he had filed before he died was still pending, and only someone the court appoints could see it through.
What John looks at: Everything that was in Dad’s name alone when he died, including claims, refunds and accounts. Sometimes a short form handles it. Sometimes a probate is needed only to give someone the authority to act.
Illustration. Details changed; not a real client. What to do in the first 30 days →
How long it takes
A Los Angeles probate commonly takes a year or more, and contested matters take longer. The process has fixed waiting periods, including a creditor period of four months after letters are issued, and the court’s calendar adds its own time.
What it costs
California sets the attorney’s fee and the executor’s fee for ordinary probate work by statute, as a percentage of the gross value of the estate. On a $1,000,000 estate the statutory attorney’s fee is $23,000, and the personal representative is entitled to the same amount separately. A family member serving as executor can waive that fee, which leaves more for the heirs. Court costs and the probate referee’s appraisal fee are on top of that. Read the Probate Code fee schedule
From the calls John gets
The first lawyer filed nothing
A son paid a lawyer to start his father’s probate. A year and a half later nothing had been filed, and his calls weren’t being returned.
What John looks at: Whether anything was ever filed and where the case stands with the court. You can change lawyers at any time, and the file belongs to you. Picking up a stalled probate is routine work.
Illustration. Details changed; not a real client. Tell John what happened →
The steps, in order
- Petition the court and give notice to heirs and beneficiaries.
- Hearing; the judge admits the will and issues letters to the executor or administrator.
- Notice to creditors and an inventory and appraisal by the probate referee.
- Pay valid debts, taxes and expenses; sell or manage property as needed.
- Petition for final distribution and an accounting.
- Distribute the estate and close it.
From the calls John gets
Still open, four years later
A woman started her mother’s probate on her own. Four years later it’s still open: a missing form, a hearing continued, then another.
What John looks at: The court’s own notes on the case. Before each hearing, the Los Angeles probate court posts what it still needs. A stalled case often needs a few specific documents, not a fresh start.
Illustration. Details changed; not a real client. Tell John what happened →
When probate turns into a fight
A family that agrees can get through probate with patience. When someone files an objection, contests the will, or the executor stops doing the job, it becomes litigation. That’s where most of John’s practice lives. Will contests → Probate litigation →
In families’ own words
What families ask about probate
Do we need probate if there’s a trust?
Usually not for what’s in the trust. But anything left outside it, such as a car, an account or a house that was never moved into the trust, may still need a probate or a short court petition.
Can I be the executor if I live in another state?
Generally yes. The court may require a bond, and the work goes more smoothly with a Los Angeles lawyer handling the filings and hearings.
Do I have to pay anything to start?
Usually very little, and often nothing from your own pocket. In a California probate, the lawyer’s basic fee is set by law and paid from the estate at the end, with the court’s approval. A few court and filing costs come up early; John will tell you on the first call how he handles them for your case.
Do I have to come to Los Angeles?
Usually not. Most of a probate happens on paper, by phone, email and mail, and documents can usually be signed where you live. Many Los Angeles probate hearings can be attended remotely. If there’s ever a reason to be there in person, John will tell you when and why.
The house is in Mom’s name only. Can we sell it?
Yes, but usually through probate. The court gives the executor authority to sell, often under simplified procedures, and the money from the sale stays in the estate until the court approves distribution.
My brother won’t cooperate. Are we stuck?
No. An executor doesn’t need every heir’s signature to move a probate forward. And if the person in charge is the one stalling, the court can set deadlines or replace them. When probate turns into a fight →
A court notice came about a probate I didn’t start. What do I do?
Find the hearing date and case number, then call before that date. The notice usually means someone has asked to be put in charge or to have a will admitted. That hearing is the best time to be heard.
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