Can You Do Probate in California Without a Lawyer?
Yes—if the estate is uncontested and straightforward. Here's how LDAs help close the gap between DIY risk and attorney cost.
The Small Estate Shortcut: Skip Probate Entirely
If the deceased's personal property is below the threshold, you can bypass probate using a small estate affidavit (Probate Code § 13100).
2026 Small Estate Threshold
$239,700 for deaths on or after April 1, 2026
Source: California Probate Code § 13100 (thresholds adjust annually)
How the Small Estate Affidavit Works
- Collect the death certificate and proof of the estate's value.
- Draft an affidavit sworn by an heir stating the estate qualifies for small-estate treatment.
- Present the affidavit to banks, financial institutions, and asset holders.
- Assets are released directly to heirs—no court probate process needed.
An LDA can draft the affidavit; you file and manage it. This approach saves thousands in court costs and attorney fees.
Formal Probate with an LDA: What to Expect
If the estate exceeds the small-estate threshold or real property is involved, you'll need formal probate. An LDA prepares and files documents, but you manage the timeline.
What an LDA Prepares for You
- • Petition for Probate form
- • Inventory and Appraisal of estate assets
- • Executor/Personal Representative Accounts
- • Final Distribution Declaration and Order
- • Probate court filing and notice service
What You Do (The Personal Representative)
- • Gather asset documents and bank statements
- • Notify heirs and interested parties
- • Respond to court notices and probate deadlines
- • Sign and swear to court documents
- • Manage distribution of assets to heirs
Cost Breakdown: LDA vs. Attorney vs. DIY
Using an Attorney
Using an LDA
You save $10,000+ by using an LDA instead of an attorney for straightforward probate.
DIY (Self-Represented)
Low upfront cost, but one missed deadline or filed form can delay or restart your probate.
When You Need an Attorney, Not an LDA
Stop and hire an attorney immediately if:
- •Someone contests the will or questions its validity
- •A creditor makes a claim against the estate
- •Heirs dispute the estate accounting or distributions
- •Real property is in dispute or carries liens
- •You need legal advice on estate strategy or tax implications
Frequently Asked Questions
What is the small estate affidavit threshold in California for 2026?
If an estate has personal property below $239,700 (for deaths on or after April 1, 2026), heirs can skip probate and collect assets directly via small estate affidavit under California Probate Code § 13100.
Can a legal document assistant handle my probate?
Yes, for uncontested, straightforward probate. An LDA prepares and files all required forms (Petition for Probate, Accounts, Declarations), but cannot represent you in court or advise on legal strategy.
How much do court filing fees cost for probate in California?
Initial probate filing fee is $435; the final distribution petition adds another $435, for a total of $870 in court fees (Judicial Council fee schedule, 2026).
What is Probate Code § 10810 and how does it affect attorney fees?
Probate Code § 10810 sets a statutory fee schedule for California probate attorneys: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9 million, and 0.5% above that. This is a court-approved benchmark.
Is probate contested if family members disagree?
A probate is contested if someone challenges the will's validity, disputes the estate's accounting, files creditor claims, or objects to distributions. At that point, you need an attorney, not an LDA.
How long does probate take in California?
Simple probate typically takes 9–12 months from filing to final distribution. Complex estates, disputes, or real property issues can extend it to 18–24+ months.
Ready to Start Your Probate?
C2C Legal Services can prepare your probate documents or small estate affidavit. We'll guide you through deadlines and requirements so nothing falls through the cracks.
Important Disclaimer
C2C Legal Services is a California Legal Document Assistant service and is not a law firm. We do not provide legal advice or strategy. This page provides educational information only. If your probate is contested or involves disputes, consult with a licensed California attorney.