Handling a California Probate From Texas

You left California; the house didn't. Texas is the number-one destination for families leaving the Bay Area, which makes this the call we get most often from out of state: a parent's estate in Alameda or Contra Costa County, and an executor in Austin, Dallas, or Houston. The entire California probate can be run from Texas — we prepare every document for e-signature, make every court appearance, and keep you updated by phone and email on Central time.

Familiar concepts, different procedures

Texas and California are both community-property states, so the vocabulary will feel familiar — but the procedures are not the same. California probate runs on a statutory fee schedule, court-confirmed timelines, and county-specific filing practices. We handle the California side end to end, so you never have to translate between the two systems yourself.

The zero-trips process

California probate is built around court filings and attorney appearances, not family attendance. Most uncontested cases finish without any family member boarding a plane: documents are e-signed or notarized in Texas, and we appear in court for you. One planning note for Texas executors: under Probate Code Section 8571, "the court in its discretion may require a nonresident personal representative to give a bond," even when the will waives bond — we address that before filing.

What a California probate costs

California sets probate attorney fees by statute (Probate Code Section 10810): 4% of the first $100,000 of the estate's gross value, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. A $1,000,000 California home generates a $23,000 statutory attorney fee — the same wherever the executor lives. Most uncontested cases run 9–18 months; simplified petitions can finish in 2–3 months.

Will I have to travel to California?

Almost never. We make the appearances; most uncontested probates finish without any family member attending a hearing.

Can I serve as executor from Texas?

Yes. California does not disqualify out-of-state executors, though under Probate Code Section 8571 the court in its discretion may require a nonresident personal representative to give a bond. We plan for that up front.

The estate is just the house and some accounts. Is there a faster option?

Sometimes. If the primary residence is worth $750,000 or less, an AB 2016 petition may avoid full probate; smaller asset pools may qualify for the $208,850 small-estate affidavit. We will tell you in the free consultation which lane your family is in.

Call (925) 336-3632 for a free 15-minute consultation on Central time — or book online.