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Property Deeds & E-Recording
Probate Petitions
Civil Complaints & Responses
Bankruptcy & Debt Relief
Criminal Expungement
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California courthouse interior — Santa Clara County Superior Court court document preparation by Registered Legal Document Assistant
San Jose · Silicon Valley · Santa Clara County · All 58 CA Counties

Settle Your Parent’s California Estate Without a $46,000 Attorney Fee

When a parent dies in California with assets over $208,850, the estate goes through court — and statutory attorney plus executor fees on a $1 million estate run roughly $46,000 under California Probate Code §10800 and §10810. TrustPoint provides flat-fee preparation by a Registered LDA — petitions, inventories, accountings, and final filings. We walk you through the filing sequence and you decide which option fits your situation.

Schedule Free Consultation (408) 766-3532
LDA #268 · Verify .gov ↑︎
CALDA Member
Remote Service · All 58 CA Counties
Start Your Probate Case

Get your court documents prepared today

Free consultation. We review your case, explain the §8200(a) 30-day will-filing deadline, and prepare every court document at your direction.

Schedule Free Consultation Call (408) 766-3532
Flat FeeNo Hourly Billing
58CA Counties
4 LicensesUnder One Roof
LDA #268Registered & Bonded
or call 408-766-3532 · Mon–Fri 10am–6pm
01

What Probate Is — And When California Requires It

What is probate? It is the court-supervised process for transferring a deceased person’s property to their heirs. It is required when the decedent died owning more than $208,850 in assets (the 2026 small-estate threshold under Probate Code §13100) and those assets were not held in a living trust, joint tenancy, or transfer-on-death account.

The court appoints a personal representative, issues Letters Testamentary or Letters of Administration (DE-150), oversees the inventory of assets and the four-month creditor claim period under Probate Code §9100, then orders final distribution to beneficiaries. Without these filings the home cannot be sold and accounts stay frozen.

If the decedent left a will, Probate Code §8200(a) requires the original to be deposited with the Superior Court Clerk within 30 days of death.

California court document preparation — Petition for Probate DE-111 and supporting filings for Santa Clara County Superior Court
02

Every Court Document, Prepared at Your Direction

Six categories of California court paperwork — petitions, court orders, inventory, creditor notices, accountings, and final distribution — prepared to Judicial Council and local-rule standards.

Quinnie Do LDA #268 reviewing California probate petition and property title records at TrustPoint office in San Jose
01

Petition for Probate

The first filing that opens the estate, names the personal representative, and requests authority under the Independent Administration of Estates Act. With or without a will.

Judicial Council DE-111
02

Letters Testamentary & Letters of Administration

Court-issued authority for the executor (with will) or administrator (no will) to act on behalf of the family to sign documents, access accounts, and sell property.

DE-150 / DE-147
03

Inventory & Appraisal

Itemized list of every asset — real property, bank accounts, investments, vehicles, personal property — with values established by the personal representative and probate referee.

DE-160 / DE-161
04

Creditor Notices & Claim Forms

Notice of Administration to known creditors plus publication for unknown creditors, and the forms for accepting or rejecting claims during the four-month period under §9100.

DE-157 / DE-174
05

Spousal Property Petition

The simplified procedure for transferring community-property assets to a surviving spouse without a full court case. Available when all assets pass to the spouse.

DE-221
06

Final Accounting & Distribution

The closing petition that accounts for all activity, requests court approval of fees, and orders distribution of remaining assets to the named beneficiaries or intestate heirs.

DE-295
03

How Probate Works — Step by Step

From the first consultation to the final order of distribution. Most Santa Clara County cases complete in 9 to 18 months; we walk you through every step and you decide how to move forward.

Quinnie Do, Registered Legal Document Assistant LDA #268, explaining California court petition documents to a client at the TrustPoint San Jose office
01

Free Consultation

Call (408) 766-3532 or book online. We review the death certificate, original will (if one exists), property titles, bank statements, and account beneficiary designations. We identify whether a full case, Spousal Property Petition, or Small Estate Affidavit fits.

02

Petition & Filing

We prepare the Petition for Probate (DE-111), original-will lodging if applicable, Notice of Petition to Administer Estate, attachments under Local Rule 4, and any Ex Parte coversheets the court requires. You file with the Superior Court Clerk in the decedent’s county and pay the $435 filing fee under Govt Code §70650(a).

03

Publication & Notice

Notice of Petition to Administer Estate is published once a week for three consecutive weeks in an adjudicated newspaper of general circulation, and mailed to every heir, beneficiary, and known creditor at least 15 days before the hearing.

04

Court Hearing & Letters

Hearing is scheduled 30 to 45 days after filing. If the examiner pre-approves the matter and no objection is filed, the judge appoints the personal representative and issues Letters Testamentary or Letters of Administration (DE-150) granting authority to act.

05

Inventory & Creditors

We prepare the Inventory & Appraisal (DE-160) within four months of Letters issuance, coordinate with the assigned referee for non-cash asset values, prepare Notice of Administration to Creditors (DE-157), and the forms for handling each creditor claim filed during the four-month claim period.

06

Final Accounting & Distribution

After debts are paid and assets are ready to distribute, we prepare the final accounting, petition for final distribution, proposed order, and receipt forms. The court reviews and issues the Order of Final Distribution; you distribute remaining assets to the beneficiaries.

04

Transparent Flat-Fee Pricing — No Hourly Billing

Searching affordable probate, flat fee probate, probate LDA pricing, or probate without attorney representation? California attorneys charge statutory fees on a percentage of the gross estate — $26K on a $500K estate, $46K on $1M, $56K on $1.5M. TrustPoint prepares the same documents at a flat fee. We walk you through each option and you decide which one fits your situation.

Fountain pen signing California court document next to stacked coins representing flat-fee probate cost savings over statutory attorney fees
Full Probate Petition
$2,800
Spousal Property Petition Simplified transfer to surviving spouse — community property only (DE-221)
$1,700
Small Estate Affidavit For estates under $208,850 — Probate Code §13100, no court hearing needed
$500
Ex Parte Petition for Letters of Special Administration Emergency authority to act before the petition is fully granted
From $400
What the flat fee covers: Document preparation, attachments, notices, court-rule compliance, and revisions to address examiner notes if needed. Court filing fees, publication costs, probate referee fees, certified copies, and bond premiums are paid separately to the court, newspaper, referee, and surety company — we walk you through each cost at consultation so there are no surprises.
05

The Self-Represented Court Filing Risk Calculus

Filing self-represented can avoid attorney fees of $26K to $56K, but California examiners review every filing for completeness and local-rule compliance before the hearing. Errors below can permanently delay distribution and expose the personal representative to liability.

California senior couple reviewing probate petition and estate documents at home before filing in Santa Clara County Superior Court

Filing Without Help

  • Defective publication. Wrong newspaper or missed date forces re-publication and pushes the hearing 4 to 6 weeks.
  • Incomplete Attachment 8. Missing one heir on Section 8 is the most common Santa Clara County probate examiner note — adds a 4 to 6 week continuance.
  • Missed creditor claim period. Skipping the four-month Probate Code §9100 notice extends creditor liability and risks personal liability for the representative under §9001.
  • Wrong petition type. Filing full probate when a Spousal Petition or Small Estate Affidavit would work costs $435 + 9 to 18 months of unnecessary administration.
  • Independent paralegal can’t help you. B&P Code §6450(d) bars paralegals from working with the public — only Registered LDAs under §6400 can.

TrustPoint LDA #268

  • Right petition for the estate. We review the death certificate, will, asset values, and beneficiaries, then identify which path fits — you decide.
  • Complete file on first submission. Every heir and beneficiary, original-will lodging, notice list, proposed order, and PB-4080 prepared together so the examiner can pre-approve.
  • Publication done right. We coordinate with Santa Clara County approved newspapers (Attachment PB-4000) and confirm dates so the Affidavit of Publication is filed before the hearing.
  • Inventory & creditor handling. We prepare the Inventory & Appraisal (DE-160) within the four-month deadline, coordinate with the assigned probate referee, and prepare the Notice of Administration to Creditors (DE-157) and rejection forms for any contested claims.
  • Four California licenses under one roof. Registered LDA, Notary, IRS Tax Preparer, and Real Estate Agent — relevant when the estate includes a home, business, or final tax returns.
06

Prepared By Quinnie Do, LDA #268

Quinnie Do, Registered Legal Document Assistant LDA #268 Santa Clara County, founder of TrustPoint Disability and Legal Services preparing California probate petitions
Quinnie Do
REGISTERED LDA #268 · NOTARY · IRS TAX PREPARER · REAL ESTATE AGENT

Quinnie founded TrustPoint to make California estate, court, and property paperwork accessible to working families — especially Vietnamese and Spanish-speaking neighbors who have been quoted $30,000 to $50,000 in attorney fees and walked away. Personally trilingual in English and Vietnamese (Tiếng Việt / Tieng Viet) with Spanish-speaking (Español / Espanol) staff partner support, Quinnie has prepared thousands of court petitions, inventories, accountings, civil filings, and trust funding deeds since 2020. Verify LDA #268 on the Santa Clara County Clerk-Recorder website ↑︎ or view CALDA member profile ↑︎.

07

California Probate Questions

What happens if a parent dies in California? The first 30 days matter most. Under Probate Code §8200(a), the original will must be deposited with the Superior Court Clerk in the parent’s county within 30 days of death. Gather the death certificate, original will, bank statements, property titles, and beneficiary designations. If the parent's estate exceeds $208,850 and the home was not in a trust, schedule a free consultation — we walk you through full court filing, Spousal Property Petition, or Small Estate Affidavit and you decide which path fits the family.

California Probate Code §10810 and §10800 set tiered statutory attorney + executor fees on the gross estate. A $500K estate runs about $26K; $1M runs $46K; $1.5M (typical Santa Clara County home) runs $56K. TrustPoint prepares the same documents at flat fees: $2,800 full case, $1,700 Spousal Property Petition (a simplified transfer to a surviving spouse under Probate Code §13500), and $500 Small Estate Affidavit.

A routine case takes 9 to 18 months. Santa Clara County hearings schedule 30 to 45 days after filing. After Letters are issued, the four-month creditor claim period under §9100 must run before distribution. Complete and accurate first-submission filings are the biggest factor in keeping the case moving.

California law does not require an attorney for probate. For uncontested estates — the majority — families ask "can a Legal Document Assistant prepare a probate petition in California?" The answer is yes: families can complete probate without a lawyer by working with a Registered LDA under B&P Code §6400. Attorney involvement is the right fit for contested wills, fraud claims, or complex tax issues — we walk you through each scenario and you decide. Independent paralegals cannot work directly with the public under B&P §6450(d); only Registered LDAs can.

The Small Estate Affidavit under Probate Code §13100 allows heirs to collect personal property and accounts without a court hearing when the entire estate is worth $208,850 or less (2026 threshold). It can be presented to banks, brokerages, and the DMV 40 days after death. TrustPoint prepares the affidavit for a flat $500. Many Santa Clara County estates exceed the threshold due to Bay Area home values; in that case, court filing is required — or, if the entire estate passes to a surviving spouse, what is a Spousal Property Petition (DE-221) applies for a flat $1,700.

A funded California living trust under Probate Code §15200 keeps the estate out of court — the successor trustee distributes assets privately in 30 to 60 days. It is the court-supervised alternative. Catch: many trusts are signed but never funded with a trust transfer deed, so the home goes through court anyway. TrustPoint prepares trust transfer deeds for $275 — see Deed Transfer & Recording.

Probate San Jose — Serving All 58 California Counties

Where do I file probate? Santa Clara County cases must be filed where the decedent lived — in our home county, that is the Superior Court at 191 N. First Street in downtown San Jose. Consultations by phone or video; documents emailed for review and signature. Remote service available statewide.

Quinnie Do LDA #268 outside the County of Santa Clara Recorder office with recorded probate and property transfer documents
Santa Clara Alameda San Mateo Contra Costa San Francisco Monterey San Benito Santa Cruz Marin Sonoma Napa Solano Los Angeles Orange San Diego Riverside San Bernardino Ventura Sacramento San Joaquin Stanislaus Fresno Kern Santa Barbara + 34 more
Trusted Office Partner

Need a notary, FBI background check, or apostille for your case?

Our same-office partner Fingerscan Digital handles notary, FBI background checks (often required for executor background verification), and apostille services from the same San Jose location at 434 Blossom Hill Road. Walk twenty feet across the lobby and finish your filing paperwork in one visit.

Pair Probate With These Related Services

Most estate cases involve a home that needs retitling, a trust that needs amendment, or a power of attorney filed before death that needs unwinding. TrustPoint prepares all of it under one roof.

Property Transfer

Deed Transfer & Recording

After probate closes, the home must be deeded from the estate to the beneficiaries. $275 flat for a Grant Deed and PCOR; same-day e-recording in all 58 California counties.
Estate Planning

Living Trust Preparation

Keep the next generation out of court entirely. $950 individual / $1,500 joint, prepared and notarized in our San Jose office. Trust funding deed +$275 per property.
Authority Documents

Durable Power of Attorney

Statutory-compliant durable POA — financial, healthcare, or both — under California Probate Code §4124. Flat $275 including notarization in our San Jose office.

Ready to Settle the Estate Without a $46,000 Attorney Fee?

Free consultation by phone or video — schedule consultation online or by phone. We review the will, asset list, and beneficiary list, then walk you through full court filing, Spousal Property Petition, or Small Estate Affidavit. You decide which path fits your situation.

Schedule Free Consultation (408) 766-3532