How to Start a Probate Practice in California: The Complete Solo Attorney Guide

Why Solo Attorneys Avoid Probate (And Why That's a Mistake) {#why-solo-attorneys-avoid-probate}

The perception problem. Most solos think probate is:

• Too complex
• Too time-consuming
• Too risky

The reality:

• Statutory framework = predictable workflows
• Guaranteed fees = no collections issues
• Consistent demand = every county, every month

Every California county has families who need help administering estates. Most solo attorneys refer these cases out — or turn them away entirely. That's a missed opportunity.

The Economics of California Probate {#economics-of-california-probate}

California Probate Code Section 10810 sets statutory fees:

| Estate Value | Attorney Fee | |--------------|--------------| | First $100,000 | 4% ($4,000) | | Next $100,000 | 3% ($3,000) | | Next $800,000 | 2% | | Next $9,000,000 | 1% | | Above $10,000,000 | 0.5% |

Example calculations:

• $300,000 estate = $9,000
• $500,000 estate = $13,000
• $1,000,000 estate = $23,000

Fees are approved by the court. Paid from the estate. No write-downs. No collections.

Compare this to hourly billing where you might spend 20 hours at $350/hour ($7,000) and still deal with collections issues. Statutory fees provide higher effective rates with guaranteed payment.

What You Need to Learn {#what-you-need-to-learn}

Core Concepts

• Testate vs. intestate succession — Does a valid will exist?
• Petition for Probate (DE-111) — The document that opens the case
• Letters Testamentary vs. Letters of Administration — Your client's authority to act
• Notice to creditors and creditor claims period — 4 months for claims
• Inventory and Appraisal (DE-160) — Every asset must be listed
• Final distribution and discharge — Closing the case

California-Specific Requirements

• Probate Code sections 8000-12591
• County-specific local rules (every county is different)
• Probate referee appointment (for real property appraisal)
• DHCS Medi-Cal recovery notices (90-day deadline — critical)
• AB 2016 simplified transfer procedures (effective April 2025)

Timeline

Typical California probate: 9-18 months

Key deadlines:

• 90 days: DHCS notice (critical — personal liability if missed)
• 4 months: Inventory and Appraisal
• 4 months: Creditor claim period (after notice published)
• Court hearing: Usually 30-45 days after petition filed

How to Get Your First Case {#how-to-get-first-case}

Referral Sources

• Estate planning attorneys — Natural referral relationship. They draft trusts and wills; you handle the probate when someone dies without proper planning.
• Financial advisors and CPAs — They know when clients pass away and families need help.
• Funeral homes — Families ask "what do we do now?"
• Senior care facilities — Regular contact with families dealing with death.
• Your existing clients — Family law, estate planning, general practice clients all have family members who die.

Marketing

• Update your website with probate services
• Add probate to your State Bar profile
• Join probate sections of local bar associations
• Network at estate planning CLE events

Start Small

Take cases with:

• Clear will (testate)
• Cooperative heirs
• Straightforward assets (house + bank accounts)
• No litigation potential

Avoid (initially):

• Will contests
• Complex business assets
• Creditor disputes
• Medi-Cal recovery complications

County-Specific Considerations {#county-specific-considerations}

Every California county has local rules. Here are the major markets:

Los Angeles County

• Stanley Mosk Courthouse
• Probate examiner review before hearing
• Specific formatting requirements
• Largest probate court in California

Orange County

• Lamoreaux Justice Center
• Different examiner notes system
• Local forms in addition to Judicial Council forms

San Diego County

• Central Courthouse
• Probate department procedures
• Local rule requirements

San Francisco County

• Civic Center Courthouse
• Different procedures than Peninsula courts
• Specific examiner requirements

Sacramento County

• Gordon D. Schaber Courthouse
• Local examiner review
• Specific formatting requirements

ProbateYoda includes county-specific forms and procedures for all 58 California counties.

Common Mistakes New Probate Attorneys Make {#common-mistakes}

1. Missing the DHCS 90-day notice

Personal liability risk. Send certified mail to DHCS within 90 days of appointment. This is non-negotiable.

2. Wrong notice publication

Must be adjudicated newspaper in county where estate administered. Verify before publishing.

3. Incomplete inventory

Every asset must be listed. Probate referee appraises real property. Don't miss bank accounts, vehicles, or personal property.

4. Premature distribution

Wait for creditor period to close. Court approval required before distributing anything.

5. Not calendaring deadlines

Multiple statutory deadlines. Missing them = delays, problems, malpractice risk.

Building Your Probate Workflow {#building-your-workflow}

Intake Checklist

• Death certificate
• Original will (if exists)
• Asset information (real property, bank accounts, investments)
• Heir/beneficiary information
• Creditor information

Phase 1: Petition

• Prepare Petition for Probate
• File with court
• Get hearing date
• Publish notice to creditors

Phase 2: Administration

• Receive Letters
• Send DHCS notice (90 days!)
• Inventory assets
• Appraisal by probate referee
• File Inventory and Appraisal
• Manage creditor claims

Phase 3: Distribution

• Prepare Final Account
• Petition for Final Distribution
• Court approval
• Distribute assets
• File receipts
• Discharge

Tools and Resources {#tools-and-resources}

Software

ProbateYoda provides:

• Guided workflows for every case type
• County-specific forms (all 58 California counties)
• Automatic deadline tracking
• Form generation (DE-111, DE-121, DE-160, etc.)
• Training program included

Training

• California CLE courses
• State Bar probate section resources
• ProbateYoda Probate Fundamentals program (included free)

Forms

• Judicial Council DE forms (mandatory)
• County-specific local forms
• DHCS notice forms

Getting Started Today {#getting-started-today}

The barrier to probate isn't complexity — it's unfamiliarity.

Steps:

1. Take a probate fundamentals course
2. Get software with guided workflows
3. Set up your intake process
4. Start networking for referrals
5. Take your first case (simple, cooperative)

You can learn probate. The workflows are predictable. The fees are guaranteed. The demand is consistent.

The only question is whether you'll keep those cases or keep referring them out.