Overview
Los Angeles County is the most populous county in California and in the entire United States, with over 9.7 million residents. The Los Angeles County Superior Court, Probate Division handles all estate matters for decedents who were domiciled in the county at the time of death.
California probate is governed by the California Probate Code. The process begins with filing a Petition for Probate (Judicial Council Form DE-111) to admit the will and appoint a personal representative. The court then issues Letters Testamentary (DE-150) for testate estates or Letters of Administration for intestate estates. Most petitions in California request authority under the Independent Administration of Estates Act (IAEA), which allows the personal representative to handle many estate transactions without court approval.
For smaller estates, California offers a small estate affidavit procedure (Probate Code Section 13100) for estates valued at $184,500 or less (as of 2024), allowing heirs to collect assets without formal probate.
Statutory attorney and executor fees in California are based on the gross value of the 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, and 0.5% of the next $15,000,000.
This guide provides an informational overview of the Los Angeles County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Los Angeles County Superior Court — Probate Division
Probate matters in Los Angeles County are primarily handled at the Stanley Mosk Courthouse in downtown Los Angeles. Some probate matters may also be heard at other courthouses depending on the case assignment.
Address: 111 North Hill Street, Los Angeles, CA 90012
Phone: (213) 830-0803 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Stanley Mosk Courthouse is the main civil courthouse for Los Angeles County. Probate matters are heard in specific departments — check your hearing notice for the assigned department number.
Parking and Access
The courthouse is accessible via Metro (Civic Center/Grand Park Station on the Red/Purple lines). Paid parking is available at the courthouse parking garage and surrounding lots. Expect security screening at building entrances and plan for significant wait times given the high volume of cases.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small estate affidavit (Probate Code Section 13100): If the estate is valued at $184,500 or less (excluding certain assets), heirs may collect property using a small estate affidavit without formal probate.
- Spousal property petition (DE-221): A surviving spouse may petition to confirm community property or receive the decedent's share without full probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition for Probate (DE-111)
If formal probate is needed, file a Petition for Probate (DE-111) with the Los Angeles County Superior Court. Include:
- Completed DE-111 form
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $435-$550)
- Proposed Order for Probate (DE-140)
- Duties and Liabilities of Personal Representative (DE-147)
- Notice of Proposed Action (if requesting IAEA authority)
Los Angeles County allows e-filing through approved electronic filing service providers.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 15 days before the hearing (DE-120, DE-121)
- Publish notice in a newspaper of general circulation in Los Angeles County for three successive weeks before the hearing
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 30 to 45 days after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary (DE-150) or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- File a Notice of Administration to creditors
- Inventory and appraise all estate assets (DE-160/DE-161) within four months
- Pay valid creditor claims (creditors have four months from issuance of Letters or 60 days from notice, whichever is later)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Account and Petition for Distribution or a Waiver of Account with court approval
Local Requirements
Los Angeles County-Specific Procedures
- E-filing: Los Angeles County Superior Court accepts e-filing for probate matters through approved electronic filing service providers (EFSPs). Some filings still require original documents to be lodged with the court.
- Probate Notes: Los Angeles County uses a probate notes system — the court reviews filings before the hearing and may issue tentative rulings or request corrections. Check for probate notes online before each hearing.
- Department assignments: Probate cases are assigned to specific departments at the Stanley Mosk Courthouse. Check your notice for department assignment.
- Publication: Notice must be published in a newspaper of general circulation in Los Angeles County for three successive weeks before the hearing date.
- Bond: Bond may be required unless the will waives bond and grants IAEA authority. If IAEA is granted with bond waiver, the personal representative has broad authority to act without court supervision.
- Inventory and appraisal: A Probate Referee is appointed by the court to appraise non-cash assets. The referee's fee is set by statute.
IAEA (Independent Administration of Estates Act)
Most petitions in Los Angeles County request full IAEA authority. With full IAEA, the personal representative can sell real property, invest estate funds, and pay creditor claims without prior court approval (subject to notice requirements). Limited IAEA excludes real property sales from independent authority.
Spousal Property Petition
The surviving spouse may file a Spousal or Domestic Partner Property Petition (DE-221) to confirm community property and receive the decedent's share without full probate administration. This is typically faster and less expensive than a full probate proceeding.
Timeline & Fees
Filing Fees (Los Angeles County)
- Petition for Probate (DE-111): approximately $435-$550
- Probate Referee fee: approximately 0.1% of appraised non-cash assets (minimum $150)
- Certified copies of Letters: approximately $25-$30 per certified copy
- Publication costs: approximately $200-$400 depending on the newspaper
- Filing a Final Account: additional court filing fee applies
Statutory Attorney and Executor Fees
California law (Probate Code Section 10810) sets statutory fees for both the attorney and the personal representative based on the gross estate value:
- 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
The court may approve extraordinary fees for unusual services.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards. A convenience fee may apply to card transactions.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
Los Angeles County's high filing volume can affect processing times. The minimum timeline is driven by the four-month creditor claim period and court scheduling.
Local Resources
Los Angeles County Superior Court Resources
- Court Website: lacourt.org
- Probate Self-Help: lacourt.org/self-help
- California Judicial Council Probate Forms: courts.ca.gov/forms
- Probate Notes: Available online through the court's website before each hearing
Legal Aid and Attorney Referrals
- Los Angeles County Bar Association Lawyer Referral Service: (213) 243-1525
- Legal Aid Foundation of Los Angeles (LAFLA): (800) 399-4529
- Bet Tzedek Legal Services: (323) 939-0506 — free legal assistance for qualifying individuals
- State Bar of California Lawyer Referral: calbar.ca.gov
Publication
- Los Angeles Daily Journal: (213) 229-5300 — legal newspaper serving Los Angeles County
- Metropolitan News-Enterprise: (213) 346-0033
- Daily Commerce: (213) 229-5300