Probate, handled calmly from start to finish.

What probate is

Probate is the court-supervised process for settling a person's estate: proving the will if there is one, appointing a personal representative, notifying creditors, inventorying and appraising the assets, paying debts and taxes, and distributing what's left to the right people. It happens at the courthouse, on the court's timeline, and the filings become public record.

What it costs and how long it takes

California sets probate fees by statute, calculated on the gross value of the estate. That means your family home counts at its full appraised value, not your equity, and the attorney and the personal representative are each entitled to the statutory fee. A typical California probate runs eight to eighteen months, longer when there are complications. Jonette breaks down the real numbers for a Kings County family here: How much does probate cost in California?

When probate isn't required

Not every estate goes through it. Assets held in a funded living trust skip probate. So do accounts with named beneficiaries, like retirement accounts and life insurance. California also has simplified procedures for small estates under a set threshold, which let some families collect property with an affidavit instead of a court case. Part of Jonette's job is telling you when the full process isn't necessary, and she will happily point you to the courthouse self-help center when that's all you need.

What happens when there's no will

The estate still gets distributed, but California's intestate succession rules decide who receives it, and the Probate Code's priority list decides who gets appointed to administer it. When several children hold equal priority and don't get along, that single question can turn into litigation before the estate itself is even addressed. Jonette handles both the ordinary administrations and the contested ones.

How she handles it

She manages the filings, the deadlines, and the court appearances, and just as importantly, the family conversations that come with them. You'll know what stage the case is in, what comes next, and what it's costing, without having to chase anyone for answers.

"Probate takes time, but it doesn't have to be overwhelming. We handle the filings, the timelines, and the family conversations that come with it."

Jonette M. Montgomery

Do all estates have to go through probate?

No. Assets in a funded living trust, accounts with named beneficiaries, and estates under California's small-estate threshold can all pass outside of formal probate.

Who is appointed when there's no will?

The Probate Code sets a priority list, generally the surviving spouse first and then children. When several people share equal priority and disagree, the court decides, and that dispute itself can become litigation.

Can I handle a probate without an attorney?

Sometimes, especially for small and simple estates, and the courthouse self-help center exists for exactly that. Jonette will tell you honestly if yours is one you can handle on your own.