Probate Attorney vs DIY: Can You Handle California Probate Yourself? (2025)

The Honest Answer: You can legally handle California probate yourself, but should you? For very simple estates without real estate, it's possible. For most estates—especially those with property—the complexity, time commitment, and personal liability risks make professional help a smart investment. The fees are paid from the estate, not your pocket, and an experienced attorney can often complete the process faster and with less stress.

When a loved one passes away, you're faced with grief and a mountain of legal complexity. California probate is notoriously complicated, with strict deadlines, technical requirements, and significant consequences for errors. Many people wonder whether they can save money by handling probate themselves.

As a California probate attorney with 25+ years of experience, I'll give you an honest assessment of DIY probate versus hiring an attorney—including when you might successfully go it alone and when professional help is essential.

Understanding What Probate Actually Involves

Before deciding whether to DIY, you need to understand what California probate requires:

The Basic Probate Process

1. Filing the petition - Prepare and file the Petition for Probate with the correct court
2. Providing notice - Notify all heirs, beneficiaries, and creditors according to legal requirements
3. Court hearing - Attend the hearing where the judge appoints the personal representative
4. Letters testamentary - Obtain the court order giving you authority to act
5. Inventory and appraisal - Identify and value all estate assets
6. Creditor claims period - Manage the 4-month period for creditor claims
7. Tax returns - File final income tax returns and estate tax returns if applicable
8. Asset management - Manage estate assets during administration
9. Final accounting - Prepare detailed accounting of all transactions
10. Petition for distribution - Get court approval for final distribution
11. Distribution - Distribute assets to beneficiaries
12. Closing - File final documents and close the estate

This process typically takes 12-18 months, involves dozens of legal documents, and requires multiple court appearances.

The Complexity Factor

Each step above has specific legal requirements, forms, deadlines, and procedures. For example:

• Notice requirements vary based on whether someone is named in the will, is an heir at law, or is a known creditor
• Publication requirements mandate specific newspaper notices in approved publications
• Inventory deadlines are strict, and missing them can result in court sanctions
• Creditor claims must be properly evaluated and either approved or rejected
• Real property sales often require court confirmation and specific procedures

When DIY Probate Might Work

In limited circumstances, handling probate yourself is feasible:

Ideal Candidates for DIY Probate

• No real estate: Property sales and transfers add significant complexity
• Simple assets: Bank accounts and personal property only
• Small estate: Limited value reduces stakes and complexity
• Clear will: Unambiguous instructions with no potential challenges
• Cooperative family: All beneficiaries agree and no disputes expected
• No creditor issues: Debts are minimal and straightforward
• Time available: You have significant time to dedicate to the process
• Comfortable with legal documents: You can navigate court forms and procedures
• Local to the court: You can attend multiple court appearances

Consider Small Estate Procedures First

Before attempting full probate, check if you qualify for simplified procedures:

Small Estate Affidavit (Probate Code 13100):

• Personal property under $208,000 (2024 threshold)
• 40+ days since death
• No probate proceeding pending
• Much simpler than full probate

Affidavit for Real Property (Probate Code 13200):

• Real property under $208,000
• 6+ months since death
• Simplified court petition

These procedures are much more manageable for DIY and may eliminate the need for full probate.

When You Absolutely Need an Attorney

Hire a probate attorney if any of these apply:

Real Estate in the Estate

California real property significantly complicates probate. You'll need to:

• Properly value the property
• Decide whether to sell or distribute
• Navigate court confirmation for sales (if required)
• Handle deed transfers correctly
• Address Prop 19 and property tax implications
• Manage title insurance requirements

One mistake can cost thousands or delay the estate for months.

Potential Family Disputes

If there's any possibility of:

• Will contests
• Disagreements among beneficiaries
• Disputes about asset valuation
• Accusations of undue influence
• Questions about the decedent's capacity

You need professional representation to protect yourself and the estate.

Complex Assets

Professional help is essential for estates with:

• Business interests
• Investment portfolios
• Retirement accounts with complex beneficiary issues
• Out-of-state property
• Intellectual property
• Debts that exceed assets

Tax Complications

You need an attorney (and likely a CPA) if:

• Estate may owe estate taxes
• Complex income tax issues exist
• Decedent had unfiled tax returns
• Business tax issues need resolution

Creditor Issues

Professional guidance is important when:

• Significant debts exist
• Claims need to be disputed
• Assets may be insufficient to pay debts
• Medicaid/Medi-Cal recovery claims are involved

The Real Costs: DIY vs Attorney

Let's compare the actual costs:

DIY Probate Costs

Expense	Estimated Cost
Court filing fees	$435-$465
Probate referee (appraisal)	0.1% of asset value
Publication fees	$200-$400
Certified copies	$100-$200
Bond (if required)	Varies by estate size
Your time	100-200+ hours

Hidden DIY costs:

• Time off work for court appearances
• Learning curve and research time
• Stress and emotional toll
• Risk of costly errors

Attorney Probate Costs

California statutory attorney fees based on gross estate value:

Estate Value	Attorney Fee
$200,000	$7,000
$500,000	$13,000
$750,000	$18,000
$1,000,000	$23,000
$1,500,000	$28,000

Important: These fees are paid from estate assets, not out of your pocket. The personal representative is also entitled to the same statutory fee for their work.

The Value Calculation

Consider what you get for the attorney fee:

• All documents prepared correctly
• Court appearances handled
• Deadlines tracked and met
• Creditor claims managed
• Personal liability protection
• Faster completion (often)
• Peace of mind
• 100-200+ hours of your time saved

Common DIY Probate Mistakes

From my experience, here are errors I regularly see in DIY probates:

Missed Deadlines

• Failing to file inventory within 4 months
• Missing creditor notification deadlines
• Late publication of notices
• Delayed response to court orders

Improper Notice

• Failing to notify all required parties
• Using wrong notice forms
• Incorrect publication procedures
• Missing statutory waiting periods

Asset Handling Errors

• Distributing assets too early
• Improper investment decisions
• Mixing personal and estate funds
• Selling assets without proper authority

Accounting Problems

• Inadequate record-keeping
• Mathematical errors
• Missing transactions
• Improper categorization

The consequences: Court rejection, delays, personal liability, and sometimes the need to hire an attorney anyway—at higher cost to fix problems.

A Hybrid Approach: Limited Scope Representation

Some attorneys offer "unbundled" or limited scope representation:

• Consultation only: Pay for advice on specific issues
• Document review: Attorney reviews your prepared documents
• Coaching: Guidance through the process while you do the work
• Specific tasks: Attorney handles just the complex parts

This can reduce costs while giving you professional guidance on critical issues.

Making Your Decision: A Practical Framework

DIY Probate May Work If:

• Estate has no real property
• Total assets under $300,000
• Clear will with no ambiguity
• All beneficiaries are cooperative adults
• No creditor concerns
• You have 10-20 hours monthly to dedicate
• You're comfortable with legal procedures
• You live near the courthouse

Hire an Attorney If:

• Estate includes real property
• Assets exceed $300,000
• Any family conflict exists or is possible
• Will is unclear or might be contested
• Significant debts or creditor issues
• Complex assets (business, investments)
• Tax complications
• You're an out-of-state executor
• You're already overwhelmed with grief
• Your time is valuable

Frequently Asked Questions

Can I do probate without an attorney in California?

Yes, California law allows you to represent yourself (pro per) in probate. However, probate is complex, with strict deadlines, technical requirements, and personal liability risks. DIY probate works best for very simple estates with no real estate, no disputes, minimal assets, and a cooperative family. For most estates, especially those with real property, professional guidance significantly reduces risk and stress.

How much does a probate attorney cost in California?

California probate attorney fees are set by statute 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. For a $500,000 estate, statutory fees are $13,000 for the attorney. These fees are paid from estate assets, not out of pocket. Some attorneys also charge hourly for extraordinary services.

What happens if I make a mistake in DIY probate?

Mistakes in probate can have serious consequences: missed deadlines may require restarting the process or result in rejection; improper notice to creditors can leave you personally liable for debts; incorrect asset distribution can result in surcharge (personal liability) against you; failure to file required documents can delay the case by months. The personal representative has fiduciary duties and can be held liable for errors.

When can I use the small estate affidavit instead of probate?

California's small estate affidavit (Probate Code 13100) allows you to collect assets without probate if: the estate's personal property is worth $208,000 or less (as of 2024), at least 40 days have passed since death, and no probate proceeding is pending. Real property under $208,000 may use a separate simplified petition. This is much simpler than full probate and can often be done without an attorney.

Should I hire a probate attorney if there might be family conflict?

Absolutely. If there's any possibility of family disputes, will contests, or disagreements among beneficiaries, professional representation is essential. An attorney can help navigate conflicts, ensure proper procedures are followed to withstand challenges, and protect you from personal liability. Contested probates are complex litigation matters that require legal expertise.

How We Can Help

If you're facing California probate, we offer several options:

Free Consultation

We'll review your situation, explain your options, and give you an honest assessment of whether you need professional help. No obligation.

Full-Service Probate Representation

We handle everything from petition to distribution. You sign documents and receive updates; we do all the legal work. Fees are paid from estate assets.

Limited Scope Assistance

If you want to handle most of the work yourself, we can provide guidance on specific issues, document review, or handle just the complex portions.

Call (818) 291-6217 or schedule online to discuss your situation.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California probate attorney with over 25 years of experience. She has guided hundreds of families through California probate and understands both the legal complexity and the emotional difficulty of the process. Her Glendale office serves families throughout Los Angeles County.

Office: 450 N Brand Blvd, Suite 600, Glendale, CA 91203

Phone: (818) 291-6217

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Disclaimer: This article provides general information about California probate and should not be construed as legal advice. Every estate is different, and this information may not apply to your specific situation. Consult with a qualified California probate attorney about your circumstances.

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