Probate & Estate Administration · Thousand Oaks, California
Probate is complex, costly, and slow.
We guide your family through it.
If a loved one has passed and probate is necessary, the Court appoints an Executor or Administrator, known generally as a Personal Representative, to manage the estate. For over 27 years, David Schneider has helped Personal Representatives move estates through the California courts.
Our Clients Share Their Experience
We had an outstanding experience working with DRS Law and David Schneider (David) on our estate planning. From the very beginning, David took the time to educate us on what an estate is and explained all the associated terminology in a way that was easy to understand. His thorough approach made us feel both comfortable and confident throughout the entire process.
After preparing our estate, he carefully reviewed it with us page by page, ensuring that all our questions were answered. His patience, professionalism, and dedication to making sure we fully understood everything were truly impressive.
If you are considering estate planning, we highly recommend DRS Law. David and his team provide exceptional service, making what can feel like a complicated process smooth and stress-free. We are grateful for their guidance and expertise!
A Court Process for Settling an Estate
Probate is a Court procedure where a deceased person’s assets are administered to ensure that all creditors are paid, all rights of the beneficiaries and heirs are protected, and the estate assets are properly and fairly distributed. With proper estate planning, probate and its costs can often be avoided. If a person dies without that planning, probate will be necessary.
Why Probate Is Worth Avoiding
It Takes a Long Time
Before the pandemic, probate typically took 1 to 1.5 years. It now takes much longer, and Los Angeles County has closed nine of its thirteen Probate Courts, adding further delays.
It Is Expensive
California sets attorney fees at 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000. On a $1 million estate that is $23,000, and the Personal Representative receives an equal amount, before filing fees, publication, and appraisals.
It Is Complex and Public
California’s probate code contains pages and pages of rules and procedures, and court filings become part of the public record. All of this simply takes money and privacy away from your heirs.
California Probate Thresholds · Effective April 1, 2025 (AB 2016)
A Probate Proceeding is required when the person passing owns more than the thresholds below, measured by gross value, not equity after debts and mortgages. Because probate is based on gross value, it is almost impossible to own real property in California and avoid the Probate Process, so nearly every family that owns a home can be exposed to it.
A Properly Funded Trust Can Skip the Courtroom
Many families ask whether a Living Trust truly avoids probate. The answer depends on whether the trust is properly funded and whether the estate falls below California’s probate thresholds. When you fund a Living Trust properly, assets titled in the trust’s name pass directly to your beneficiaries with no probate proceeding, no judge, and no court fees.
Your Estate Exceeds the Thresholds
If your combined gross estate exceeds $208,850 in personal property or $69,625 in real property, California requires a formal probate proceeding unless other structures are in place. A properly funded Living Trust avoids that court involvement.
You Own Property in Multiple Counties
California requires additional filings in each county where you own real estate. A Living Trust eliminates this by transferring title during your lifetime.
You Value Privacy and Speed
Probate is a public process open to creditors, distant relatives, and the public. A Living Trust administration stays confidential, and the Successor Trustee can distribute assets more quickly.
You Want to Avoid a Conservatorship
A Living Trust includes provisions for Successor Trustee management if you become incapacitated, protecting your family from court-ordered conservatorship proceedings.
Learn more in our guide to Trusts and Living Trust planning and how trusts avoid probate, or read about conservatorship and guardianship.
Your Duties as Executor
The Steps a Personal Representative Follows
- File the Petition for Probate, publish the notice, and mail notices of hearing to those entitled to receive them.
- File a bond to guarantee your performance.
- Prepare an Inventory and Appraisal of the assets.
- Give notice to known creditors of their opportunity to file claims.
- Pay debts, selling assets if there are not enough funds to cover them.
- File a Final Accounting and Final Petition for Final Distribution.
- Give notice to all parties and appear at the final hearing.
- Implement the judge's Judgment of Final Distribution.
Experienced Guidance Through Probate
Direct Attorney Access
Every client works with David Schneider personally for all legal matters, never passed off to a paralegal or associate.
California-Wide Probate
We handle probate proceedings throughout California via remote court appearances, saving you travel, time, and money.
Educational Approach
“It is impossible to know what you do not know.” David takes the time to explain so you can make fully informed decisions.
Frequently Asked Estate Planning Questions
How long does probate typically take in California?
Prior to the pandemic, probate typically took 12 to 18 months to complete. Current timelines are significantly longer due to court budget cuts, staff shortages, and reduced court operations. Los Angeles County, for example, has closed 9 of its 13 probate courts, causing additional delays.
What are the costs involved in probate in California?
California probate fees are set by law and based on the estate’s gross value. Attorney fees are 4% on the first $100,000, 3% on the second $100,000, and 2% on the next $800,000. For example, a $1 million estate would incur $23,000 in attorney fees. The executor receives an equal amount, plus additional costs for filing fees, publication, and appraisals.
Do I need probate if I'm inheriting from my spouse in California?
If the property were co-owned (for example, spouses as joint tenants or as community property), it will pass to the surviving spouse without probate. Probate is required if the deceased spouse owned real property worth more than $69,625 or personal property exceeding $208,850 in gross value (not equity). Due to California’s high property values, most homes owned solely in a decedent’s name will require probate regardless of outstanding mortgages or debts.
What happens if I make a mistake as an executor or administrator?
Personal Representatives can be held personally liable for losses to the estate if they violate probate rules or fail to meet legal deadlines. It is critical to work with an experienced probate attorney to ensure compliance with all legal requirements and protect yourself from personal liability.
Integrity and Experience at the Core of Our Legal Services
With decades of professional experience, David R. Schneider, APC blends deep community ties with a wealth of experience. From running a successful business to excelling in the legal field with top grades and honors, David’s extensive knowledge ensures comprehensive and trusted legal support. His lifelong commitment to the Conejo Valley and its residents is your assurance of reliable and heartfelt service. Choose a legacy of excellence for your legal needs.