Probate Attorney in Garden Grove and Orange County

Probate is the court process that proves a will is valid, pays a person's debts and transfers what is left to the heirs. It is used when someone dies owning property in their own name that was not placed in a living trust and does not pass by beneficiary designation or joint ownership. Vinh Doan Law Office, APC represents executors, administrators and heirs in California probate and in Texas probate matters.

When probate is required in California

Probate is generally required when the property in the decedent's name alone is worth more than the small estate limit. For people who died on or after April 1, 2025, that limit is $208,850, and it is adjusted every three years. Property that passes outside probate does not count, for example property held in a living trust, accounts with a named beneficiary, and property held in joint tenancy with right of survivorship.

A simplified process may be available for a decedent's primary residence valued up to $750,000. Whether you qualify depends on the facts, so please contact us before assuming either way.

Small estate options

• Small estate affidavit. Lets heirs collect certain property without court when the total is below the limit. At least 40 days must have passed since the death.
• Primary residence petition. A short court petition to transfer a qualifying home without full probate.
• Spousal property petition. A way for a surviving spouse to confirm ownership of property without probate.

How California probate works

1. File the will and a petition for probate with the Superior Court (Orange County for most of our clients).
2. The court appoints the executor or administrator and issues letters.
3. The personal representative notifies heirs and creditors and inventories the property.
4. Debts and taxes are paid. Real estate may be sold or transferred.
5. The court approves distribution to the heirs.

A California probate often takes a year or longer, depending on the court calendar, creditor claims and whether anyone contests the will.

Probate fees

California sets statutory fees for the attorney and for the executor. Each is calculated on the gross value of the probate estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, 0.5% of the next $15,000,000, and a reasonable amount above $25,000,000. For a $1,000,000 estate that is $23,000 for the attorney and $23,000 for the executor, before court costs and any extra fees the court allows for extraordinary work.

Probate in Texas

Texas probate can be simpler. Depending on the facts, an estate may use independent administration, a muniment of title (for an estate with a valid will and no unpaid debts other than secured debts), or a small estate affidavit for an intestate estate with non-exempt assets of $75,000 or less. A will generally must be filed within four years of death. Our attorney is licensed in Texas. Read about Texas.