Probate Attorney in Riverside, CA
If a family member who lived in Riverside left a house, bank accounts or other property in their name alone, those assets usually can’t be sold or transferred until a court gives someone the authority to act. That authority comes from the Riverside County Superior Court, and when the person lived in the city of Riverside, the probate case generally goes before the court at the Riverside Historic Courthouse, downtown on Main Street. The Soto Law Group represents executors and administrators in Riverside probate cases and handles the Riverside County filings from start to finish.
Learn more about our probate services.
Does a Riverside Estate Need Probate?
Probate is usually required when the person who died held assets in their own name, with no trust, surviving joint owner or named beneficiary to take them, and those assets add up to more than California’s small-estate limit. A Riverside house titled to one person can push an estate past that limit on its own, although for deaths on or after April 1, 2025, a primary home of more modest value may qualify for a simpler court petition instead of a full probate.
These assets generally bypass probate:
- Property that was transferred into a living trust before death
- A home or account held in joint tenancy, when a co-owner survives
- Life insurance and retirement accounts with a living named beneficiary
- Bank and brokerage accounts marked payable on death or transfer on death
When the property is going to a surviving spouse, a spousal property petition can often take the place of a full probate case.
How a Riverside County Probate Case Moves Forward
- Opening the estate. We prepare the petition asking the Riverside County Superior Court to admit the will, if there is one, and appoint an executor, or an administrator when there is no will.
- Giving notice. Heirs and beneficiaries are told the hearing date, and notice of the case runs in a newspaper.
- Receiving letters. Once the court approves the appointment, it issues letters, which banks and title companies will ask to see.
- Listing and valuing assets. The executor prepares an inventory, and a probate referee appraises everything other than cash.
- Handling creditors. The window for creditor claims generally closes four months after letters are issued; the executor reviews each claim and allows or rejects it.
- Selling or keeping property. An executor granted full authority under the Independent Administration of Estates Act can often sell a house after sending a notice of proposed action, with no confirmation hearing in court.
- Closing the estate. The executor files a final account, and the court orders the remaining property distributed to the people entitled to it.
When the Estate Includes Property Outside Riverside
Some Riverside estates hold more than the family home: a rental in Arlington, a condo in Orange County or a parcel of desert land. Probate generally belongs in the county where the person who died was living, so a single Riverside County case can also cover California real estate in other counties. We coordinate the out-of-county pieces so they don’t stall the estate.
What Probate Costs and How Long It Takes
Under California Probate Code Section 10810, the attorney’s statutory fee is a percentage of the estate’s gross value, not the equity left after any mortgage. The executor’s commission is calculated on the same schedule:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
Say the gross estate is $1.2 million, such as a Riverside home and a condo near the coast. The standard attorney fee would be $25,000, and the executor’s commission would be another $25,000. On top of that, expect court filing fees, the cost of publishing notice, a bond if one is required and the probate referee’s appraisal fee. Our Probate Calculator shows the standard fees for other estate values.
A straightforward California probate often takes 12 to 18 months. A disputed claim, a property sale or a family disagreement can stretch it longer.
Frequently Asked Questions About Probate in Riverside
Which court handles probate for a Riverside estate?
The Riverside County Superior Court, which generally hears probate for the city of Riverside at 4050 Main Street, in the Riverside Historic Courthouse. Cases from the desert areas of the county may be assigned to other branches.
Our parent lived in Riverside but also owned a condo in Orange County. Do we need two probate cases?
Usually not. One case, opened in Riverside County where your parent lived, can generally cover the Orange County condo too. Real estate in another state is different and may need its own ancillary case.
Can I serve as executor if I don't live in Riverside?
Yes. California lets an executor serve from another city or another state. If you live outside California, the court can require a bond, even if the will says none is needed.
How do we keep our own estate out of probate?
A funded living trust, together with current beneficiary designations, can keep most assets out of probate. See our Riverside estate planning and Riverside wills pages to start your own plan.
Why Work With The Soto Law Group
Our probate work is led by Attorney Romelia “DeDe” Soto, who draws on more than 20 years of legal experience, with help from Of Counsel Thomas Roll and Associate Attorney Jessica Munoz. Riverside executors meet with us at our Newport Beach office, and we take care of the Riverside County filings and deadlines from there.
Related Services in Riverside
Probate in Other Locations
Directions to Our Office From Riverside
Talk With Us About a Riverside Estate
To talk through a Riverside probate, call (949) 945-0059 or contact us online today.