Practice Areas

Probate
Law

Losing a loved one is difficult enough without the burden of navigating the legal system. Our attorneys guide families through the probate process with compassion, clarity, and efficiency.

Overview

Guiding Families Through Difficult Times

Probate is the court-supervised process of administering a deceased person's estate. In California, probate is required when a decedent owned real property or personal property exceeding the statutory threshold ($184,500 in 2024) that was not held in a trust or with a designated beneficiary.

The process involves filing a petition with Sacramento Superior Court, proving the validity of any will, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing the remaining assets to beneficiaries. Our attorneys handle every step, keeping you informed and making the process as smooth as possible.

When disputes arise — whether over the validity of a will, the conduct of a trustee, or the rights of beneficiaries — our litigation experience allows us to advocate effectively in probate court. We represent executors, administrators, beneficiaries, and trustees in contested and uncontested matters.

Need Probate Assistance?

Whether you have been named executor, are a beneficiary with questions, or need to contest a will, we can help. Contact us for a confidential consultation.

Schedule a Consultation

Or email us at contact@abrateolsenlaw.com

What We Handle

Probate Services

Comprehensive probate representation for all parties involved in estate administration.

Probate Administration

Full representation through the California probate process, from filing the initial petition in Sacramento Superior Court to final distribution. We handle inventory and appraisal, creditor claims, tax returns, and court accountings.

Will Contests

Representation in will contest proceedings under California Probate Code Sections 8250-8254. We handle challenges based on undue influence, lack of capacity, fraud, or improper execution on behalf of both proponents and contestants.

Trust Litigation

Aggressive litigation to enforce or defend trust provisions, remove trustees for breach of fiduciary duty, compel accountings, and resolve disputes among beneficiaries under the California Trust Law (Probate Code Sections 15000-18201).

Conservatorships

Petitions to establish conservatorships of the person and/or estate under the Lanterman-Petris-Short Act and Probate Code Sections 1800-1898 for adults who cannot care for themselves or manage their finances.

Guardianships

Court petitions to establish guardianships of minor children when parents are unable to provide care. We guide families through Family Code and Probate Code requirements to protect children's wellbeing.

Small Estate Affidavits

For estates valued at $184,500 or less (2024 threshold), California Probate Code Sections 13100-13116 allow transfer of assets without formal probate. We prepare small estate affidavits and successor-in-interest declarations.

The Process

What to Expect

An overview of the California probate process and how we guide you through each stage.

Case Assessment

We review the decedent's estate, identify assets and debts, examine any will or trust, and determine whether probate is required or if alternatives exist.

Court Filing

We prepare and file the petition for probate with Sacramento Superior Court, arrange for proper notice to heirs and beneficiaries, and attend the hearing.

Administration

We manage the estate through probate: inventorying assets, notifying creditors, paying debts and taxes, and preparing court accountings as required.

Distribution

After court approval, we distribute assets to beneficiaries and close the estate. We ensure all final tax returns are filed and all legal requirements are met.

Common Questions

Probate FAQ

How long does probate take in Sacramento County?

Standard probate in Sacramento Superior Court typically takes 12 to 18 months from filing the petition to final distribution. Complex estates involving disputes, real property in multiple counties, or business interests may take longer. We work to move your case through the process as efficiently as possible while ensuring every legal requirement is met.

How much does probate cost in California?

California Probate Code Section 10810 sets statutory attorney fees based on estate value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. In addition, there are court filing fees, appraisal costs, and publication fees. During your consultation, we provide a detailed estimate based on your estate's value.

Can probate be avoided?

Yes. Common probate avoidance strategies include revocable living trusts, joint tenancy, beneficiary designations on accounts and insurance policies, and transfer-on-death deeds for real property. If assets were not placed in a trust or designated with a beneficiary, probate may be required. We can evaluate your situation and recommend the best approach.

Need Help With Probate?

Let us handle the legal complexities so you can focus on your family. Contact us for a consultation.