Small Estate Affidavit ($208,850 Threshold)
For deaths occurring on or after April 1, 2025, if the total value of personal property is $208,850 or less, heirs can often use a simplified affidavit process instead of a full probate.
Losing a loved one is a profoundly difficult experience. Dealing with the complexities of the California court system during such a sensitive time can feel overwhelming. Probate is the formal, court-supervised process used to validate a will, resolve debts, and distribute a deceased person’s assets to their rightful heirs.
At the Law Offices of W. Steven Chou, we bring over 25 years of experience to the probate process. Serving families throughout Orange and Los Angeles counties, Attorney Steven Chou provides the sympathetic, skilled, and transparent legal counsel required to settle an estate efficiently. Whether your loved one left a detailed will or passed away without a plan, we are here to help you focus on your family while we handle the legal heavy lifting.
One of the most common questions we receive is whether formal probate is mandatory. As of 2026, California has significantly updated the “Small Estate” thresholds. These changes allow more families to bypass the lengthy formal court process if the estate falls under specific statutory limits:
A formal probate in Southern California typically takes 12 to 18 months, depending on the complexity of the assets and the court’s current schedule. The process generally follows these essential stages:
In California, probate fees for both the attorney and the personal representative are set by law (Probate Code § 10810). These are calculated based on the “gross” value of the estate (the value before any mortgages or debts are deducted).
For an estate valued at $1,000,000, the statutory attorney fee is $23,000. Because these fees are paid directly from the estate assets at the end of the process, your family does not need to pay these legal fees out of pocket to begin the case.
Our firm provides comprehensive support for every probate scenario across Irvine, La Palma, and the surrounding regions:
Attorney W. Steven Chou’s 25 years of experience include a deep understanding of the diverse communities within Orange and Los Angeles counties. As a bilingual attorney, he offers consultations in both English and Chinese, ensuring that every family member understands the court process and their rights.
Whether you are seeking to open a new probate case or have questions about a small estate affidavit, our team in La Palma and Irvine is ready to provide the clear, transparent counsel you need.
Are you ready to settle a loved one’s estate with confidence?
Disclaimer:
The information provided on this website is for general information purposes only. Nothing on this site should be construed as legal advice for any individual or for any situation or case. The information provided is neither intended to create an attorney-client privilege, nor does viewing this website create an attorney-client privilege.