Probate Attorney in San Bernardino, CA
Probate is the court-supervised process for transferring what a person owned in their own name at death. When the person lived in San Bernardino, the case is handled by the San Bernardino County Superior Court. Petitions and other papers go through the probate clerk’s office at the San Bernardino Justice Center, 247 West Third Street, and since September 2023 probate hearings have been held at the Fontana Courthouse and the Victorville Courthouse, depending on how the case is assigned.
The Soto Law Group represents executors and administrators from start to finish: we check which courthouse has your case, prepare the filings and appear at the hearings.
Learn more about our probate services.
Does the Estate Need to Go Through Probate?
A probate case is generally required when someone dies with assets in their name alone, with no trust, surviving co-owner or named beneficiary to receive them, and together those assets exceed California’s small-estate limit. We start by sorting out what needs the court and what can transfer without it.
Property that generally stays out of probate includes:
- Property titled in the name of a living trust
- Joint tenancy property, which goes directly to the surviving owner
- Life insurance, retirement plans and other accounts that name a beneficiary
- Payable-on-death bank accounts and real estate passing by a transfer-on-death deed
When the estate passes to a surviving spouse, a spousal property petition may handle the transfer without a full probate.
San Bernardino Estates With Property in Several Places
An estate here might include a house near Cal State San Bernardino, a weekend cabin in the San Bernardino Mountains and desert acreage nobody has visited in years. California real estate in the person’s name is generally handled in the same probate case, wherever in the state it sits, and a probate referee appraises it for the inventory. Remote land can be slow to value and sell, so we plan for it from the start. If the court grants full authority under the Independent Administration of Estates Act, a sale can often go forward after notice of proposed action, with no confirmation hearing. Property in another state may need an ancillary probate there.
The Probate Process in San Bernardino County
- Petition. We file the opening petition through the probate clerk’s office. It asks the judge to appoint the executor named in the will or, when there is no will, an administrator.
- Notice. We mail notice of the hearing to the heirs and beneficiaries and arrange for it to be published in a newspaper.
- Letters. Once the petition is granted, the court issues letters, the proof of authority that banks and title companies ask to see.
- Inventory. Every probate asset is listed, and anything other than cash goes to a probate referee for appraisal.
- Creditors. Anyone owed money generally has four months from the issuance of letters to file a claim; we help decide which claims to pay and which to reject.
- Closing. After debts, taxes and expenses are paid, we petition for approval of the final accounting and an order distributing the rest of the estate.
What Probate Costs in California
Probate Code Section 10810 sets the statutory fee for the estate’s attorney, and the executor’s commission is figured on the same schedule. Both are calculated on the estate’s gross value, so a mortgage on the house doesn’t reduce them:
- 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
On a $500,000 gross estate, the standard fee is $13,000 for the attorney and $13,000 for the executor. On top of that, the estate covers the referee’s appraisal charge, court filing fees, newspaper publication and a bond premium if a bond is required. Our Probate Calculator gives a quick estimate for any estate value, and our San Bernardino estate planning page shows how a funded living trust can spare your own heirs this process.
Frequently Asked Questions About Probate in San Bernardino
Which courthouse will hear our probate case?
Your papers are filed with the probate clerk at the San Bernardino Justice Center, but the hearing will be in Fontana or Victorville, depending on the case assignment. We confirm which one and tell you what to expect there.
How long does a San Bernardino County probate take?
Twelve to 18 months is common for a straightforward estate. Selling hard-to-reach land, resolving a disputed claim or working through a family disagreement can add time.
Can I be the executor if I live outside California?
Yes. California allows a nonresident to serve, though a judge may still order a bond even if the will says none is needed. We take care of the San Bernardino County filings and report back to you at every stage.
Why Work With The Soto Law Group
Attorney Romelia “DeDe” Soto puts more than 20 years of legal experience to work on each probate case, together with Thomas Roll (Of Counsel) and Associate Attorney Jessica Munoz. We track the deadlines, the referee and the court calendar so the estate keeps moving toward distribution.
Related Services in San Bernardino
Probate in Other Locations
Directions to Our Office From San Bernardino
Speak With a San Bernardino Probate Attorney
Call (949) 945-0059 or contact us online to talk through the estate and what needs to be filed first.