Practice Areas
Estate Planning
Practice Areas
Not every Van Nuys estate needs a full probate case. When a parent leaves a modest bank account, a car, or a house in their own name, California has shorter routes that can save months and thousands of dollars. Alice A. Salvo, a State Bar Certified Specialist in Estate Planning, Trust and Probate Law, helps families figure out which route fits. Her office is in Woodland Hills, a short drive west on the 101. Call 818-676-9572.
If the property the person owned in California adds up to $208,850 or less, the family may be able to collect bank accounts and other personal property with a signed affidavit instead of going to court. That limit applies to deaths on or after April 1, 2025 (Judicial Council of California), and you have to wait 40 days after the death (California Courts Self-Help). Real estate in California counts toward the limit, and you can’t subtract what the person owed. Cars and boats aren’t counted.
Other assets aren’t counted either. Accounts with a named beneficiary, joint accounts, property that passes to a surviving spouse, and anything already in a living trust pass on their own. Our article on California’s small estate limit walks through what’s included.
A house is different. For deaths on or after April 1, 2025, if the person’s main home in California is worth $750,000 or less, a family member can ask the court to transfer it without opening a full probate case (California Courts Self-Help). The request is a single petition and one hearing, not a year of court supervision.
The rule covers only the person’s main home. A rental or a second property still has to qualify some other way. If the house is worth more than $750,000, or there’s no will and the heirs don’t agree, the full probate process is usually the answer.
When full probate is needed, California law sets the executor’s fee and the attorney’s fee as a percentage of the estate (Probate Code section 10800, section 10810). Each one is 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000, with lower rates above that.
The percentage is figured on the property’s value, not on what’s left after the mortgage. A Van Nuys house appraised at $900,000 produces a $21,000 fee for the executor and another $21,000 for the attorney, even if the loan balance is high. Court filing fees and appraisal costs come on top. That’s the main reason families who go through it once tend to set up a trust afterward. See what probate is for the full picture.
The shortcuts above still work when there’s no will. California’s inheritance rules decide who the heirs are, and those heirs use the affidavit or petition. Our pages on when a loved one dies without a will and California inheritance law explain the order. If the person had a trust, the successor trustee handles the property through trust administration instead.
Alice Salvo holds an LL.M. in Estate Planning from the University of Miami and has received Martindale-Hubbell’s AV rating. Van Nuys families can meet her in Woodland Hills, by phone, or by video. The firm also serves Sherman Oaks, Encino, Northridge, and Lake Balboa.
Often not. For deaths on or after April 1, 2025, if the estate is worth $208,850 or less, the family can usually collect it with an affidavit once 40 days have passed.
If it was their main home in California and it’s worth $750,000 or less, a family member can ask the court for a simpler transfer instead of a full probate case.
The executor and the attorney are each paid by a statutory schedule: 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000 of the estate’s value.
Bring the death certificate, any will or trust, and a list of accounts and property. Call 818-676-9572 or send a message, and we’ll tell you which route applies.
Last updated November 12, 2026. Meet Alice A. Salvo, State Bar Certified Specialist in Estate Planning, Trust and Probate Law.