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FAQ

Common Questions

Frequently Asked Questions
About Probate, Trusts & Estate Planning.

If you’re facing a probate matter, thinking about creating an estate plan, or wondering how to structure your business for the future, you likely have questions. Below are the questions we hear most often, along with clear, practical answers. If your situation calls for something more specific, we welcome you to schedule a paid consultation.

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01

Probate
Law

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Not necessarily. In California, probate is generally required when the total value of assets subject to probate exceeds $208,850 (as of April 1, 2025). Assets held in a living trust, jointly owned property, payable-on-death (POD) accounts, and beneficiary-designated assets — such as life insurance and retirement accounts — typically pass outside of probate.

In addition, a primary residence with a gross fair market value of up to $750,000 may be transferred using a special petition under AB 2016, without a full probate administration. An attorney can review the estate’s assets and confirm whether probate is required.

The California probate process typically takes between 9 months and 2 years, depending on the size and complexity of the estate, whether there are disputes among heirs, and the speed of the court calendar in the county where the case is filed. Estates with contested issues, complex assets, or creditor disputes may take longer.

California law sets statutory fees for probate attorneys and executors under California Probate Code § 10810. Fees are calculated in tiers based on the gross value of the estate — before debts or mortgages are subtracted:

• First $100,000 — 4%
• Next $100,000 — 3%
• Next $800,000 — 2%
• Next $9,000,000 — 1%
• Next $15,000,000 — 0.5%
• Over $25,000,000 — Court Discretion

Probate fees can often be avoided entirely through proper estate planning — particularly through the use of a living trust.

A spousal property petition is a simplified California court proceeding that allows a surviving spouse to confirm their right to community property and certain other assets, often without going through full probate. It is faster and less expensive than probate and is available when the deceased was married and the property qualifies. Not all assets qualify — an attorney can determine whether this option applies to your situation.

California law permits individuals to represent themselves in probate (known as appearing “in pro per”), but they are still subject to the same legal and technical requirements as an attorney. Probate involves strict court filing deadlines, mandatory creditor notice requirements, tax filings, and final accounting procedures.

Errors can result in personal liability for the executor and delays that harm all beneficiaries. Importantly, attorneys are paid from the estate — and not until the close of probate — so most individuals find it most efficient to retain an attorney.

02

Trusts &
Estate Planning

Estate planning services →
Most California residents benefit from having both a revocable living trust and a pour-over will. The trust is the central vehicle — it holds your assets and governs their distribution without going through probate. The pour-over will acts as a safety net, ensuring that any assets not placed in the trust during your lifetime are directed into it upon your death. The right structure depends on the nature and value of your assets, your family situation, and your goals. We discuss this clearly before any engagement begins.
A revocable living trust is a legal document you create during your lifetime to hold and manage your assets. You are typically the trustee and retain full control, while also designating a successor trustee who takes over if you become incapacitated or upon your passing. Because your assets are held in trust, they transfer to your beneficiaries without going through probate. The trust can be amended or revoked at any time while you are alive and have mental capacity.
The cost of an estate plan varies depending on its complexity. A basic plan — including a revocable living trust, pour-over will, durable power of attorney, and advance health care directive — is typically a flat fee starting at $3,500. More complex plans involving irrevocable trusts, business succession structures, or significant tax planning involve additional work and corresponding fees. We discuss fees transparently before any engagement begins.
Yes. REPP Law has experience advising clients with international assets, including foreign real estate, bank accounts, and business interests. Multi-jurisdictional planning requires coordination of legal requirements across different countries — and sometimes the involvement of local counsel in the foreign jurisdiction. We structure California-based estate plans that account for these complexities and communicate with international counsel as needed.
We recommend reviewing your estate plan every 3–5 years, and immediately following major life changes such as: • Marriage, divorce, or the birth of a child • Death of a named beneficiary or trustee • Significant change in asset value • Major acquisition or sale of property or business interests • Changes in California or federal estate tax law

03

Business &
Real Estate

Business services →
Business succession planning is the process of determining how your business will be transferred — to a family member, a co-owner, or a third-party buyer — when you retire, become incapacitated, or pass away. Without a succession plan, a business can lose significant value, face ownership disputes, or be forced into a sale under unfavorable conditions. A succession plan protects the business, provides for your family, and preserves what you've built.
Transferring real estate into a living trust involves executing a new deed — typically a grant deed — that changes the title from your name to your name as trustee of your trust. The deed must be properly prepared and recorded with the county recorder's office. California's Proposition 19 may affect the reassessment of property taxes depending on the nature of the transfer. We prepare and record these deeds for our clients as part of the estate planning process.
A buy-sell agreement is a legally binding contract among business co-owners that governs what happens to an owner's interest when certain triggering events occur — such as death, disability, divorce, or a decision to sell. It establishes in advance who may buy the departing owner's interest, at what price, and on what terms. Without one, surviving business partners and heirs may find themselves in conflict over the business's future. Any business with more than one owner should have a buy-sell agreement.

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