Trusted San Diego Probate Law Firm: Opelon LLP

A probate lawyer is an attorney experienced in probate proceedings. Probate is the court process of administering a deceased person's estate: gathering their assets, paying their debts and taxes, and distributing what remains to the proper beneficiaries.

A probate attorney handles the court process of settling and distributing a person’s estate after they pass away, including filing the petition, notifying creditors, and obtaining court approval to distribute assets. This differs from the work of a San Diego estate planning attorney, who helps you put a plan in place before death or incapacity. Our team focuses on San Diego probate administration.

Usually the person who files the Petition for Probate, and asks to be appointed as personal representative (the executor or administrator), is the one who hires the probate attorney. Depending on how the decedent’s assets were held, some or all of the estate may pass without a full probate.

It is a good idea to speak with an experienced probate attorney as soon as you are ready after the loss of a loved one. Starting early helps you meet deadlines and avoid delays.

Probate is sometimes required to transfer title of the deceased person's assets out of their name and into the name of the executor or administrator, who then has authority to pay debts and taxes and distribute what remains. If probate is required but never started, title to those assets can stay stuck in the deceased person's name, and the beneficiaries may be unable to inherit them.

No. Estates valued under $208,850 (effective April 1, 2025) may qualify for simplified procedures such as a small-estate affidavit. Larger estates, or those without a trust, typically require formal probate. A probate attorney can determine the most efficient path for your situation.

Sometimes. Whether probate is required depends on how the decedent held their assets. Assets in a living trust, accounts with named beneficiaries, and jointly held property can often pass without probate, while assets held in the decedent’s name alone typically require it. If you are unsure whether an estate must go through probate, our San Diego probate attorneys can review the situation with you.

Barring exceptional circumstances, the State does not take property in a probate. However, if the person who passed away owed taxes to the California Franchise Tax Board or the IRS, and assets are distributed to beneficiaries before those taxes are paid, the taxing authorities can pursue the executor or administrator, and potentially the beneficiaries, for the unpaid tax.

In California, probate attorney compensation is set by statute (Probate Code Section 10810) as a percentage of the estate's gross value: 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000; 1% of the next $9,000,000; and 0.5% of the next $15,000,000. For estates above $25,000,000, the court sets a reasonable amount. The personal representative (executor or administrator) is entitled to the same statutory compensation under Probate Code Section 10800.

Beyond statutory attorney fees, a probate has out-of-pocket expenses such as the court filing fee for the Petition for Probate, publication fees, bond premiums, appraisal and inventory filing fees, and the filing fee for the petition to distribute the estate. In a straightforward probate these expenses often range from about $1,500 to $2,000, though every estate is different and costs can be higher.

Under California law, the attorney for the executor or administrator is not paid for legal services until the court orders payment, typically at least nine months into the case, and usually only once the estate has cash available. At Opelon, we also advance the filing fees for our clients so you do not have to pay out of pocket to open a probate; we are reimbursed by the estate once the case is complete.

Probate in San Diego County generally involves proving the validity of a will, appointing an executor or administrator, paying the estate's debts and taxes, and distributing the remaining assets to beneficiaries. It is court-supervised and requires petitions, notices, and compliance with California's probate timelines. An experienced probate attorney helps keep filings, notifications, and deadlines on track to avoid costly delays.

Probate in California generally takes 9 to 18 months, depending on the estate's complexity, the court's schedule, and whether any disputes arise. Estates with clear documentation move faster, while larger estates or missing records can take longer. Good legal guidance helps meet deadlines and keep distributions on schedule.

Delays often come from incomplete documentation, missing or hard-to-locate heirs, property appraisals, or disagreements among beneficiaries. San Diego courts can also have scheduling backlogs. An organized estate and an attentive attorney can meaningfully shorten the process.

While nothing is guaranteed, working with an experienced probate attorney reduces the chance of filing mistakes, and fewer mistakes means the case can move as quickly as the court's calendar allows. An attorney helps make sure the Petition for Probate is filed on time and without defects, everyone entitled to notice receives it, creditors are properly notified, assets are timely transferred into the estate, taxes are timely filed, and the final petition for distribution is filed cleanly.

Usually the executor or administrator does not need to appear in court; the attorney appears on their behalf. That said, every probate is different, and some matters may require testimony from the executor or administrator depending on the circumstances.

In most cases your probate attorney can handle the majority of court appearances. You should confirm with your attorney whether anything specific to your case would require you to be present.

Yes. The San Diego Superior Court Probate Division allows many probate hearings to be attended remotely through its approved video or telephone system. This can save families time and stress, especially when heirs or executors live outside San Diego County. Some hearings may still require in-person attendance.

The court uses approved video platforms such as Zoom. You will need a computer, tablet, or smartphone with a reliable internet connection, a camera, and a microphone. If you do not have access to the technology, the court may allow you to appear by phone. Your attorney can help you set everything up ahead of your hearing.

No. Many routine probate hearings can be handled remotely, but the court may require in-person attendance for certain matters. Your attorney can review your case and advise you on whether remote appearance is available for your hearing.

San Diego probate notes are summaries prepared by the court's Probate Examiner that flag issues, missing documents, or corrections needed before a case can move forward. They act as the court's checklist to make sure all legal requirements are met, and clearing them is a critical step to avoid delays.

To clear probate notes, you submit the requested documents, corrections, or supplemental information to the Probate Examiner before your scheduled hearing. This can involve filing amended petitions, providing additional notices, or correcting procedural errors. An attorney can help address the notes quickly and correctly.

A few useful questions: How much experience do they have in probate court? Will you have to pay fees out of pocket? Do they have the capacity to handle your matter? Is probate a primary focus of their practice? What can you expect for timing with the probate court? And what is their communication policy?

As with any service provider, look to experience and reputation. Read online reviews, check whether probate, estate planning, and trust administration are a main focus of the practice, ask how long they have been practicing, and confirm they have the capacity to take on your case.