San Diego Probate Attorney Handling Every Step — So Your Family Doesn't Have To

When a loved one passes, probate is rarely anyone's first thought — but it quickly becomes one of the most pressing legal realities families face. California's probate process is court-supervised, deadline-driven, and expensive by statute. Getting it right matters.


I'm Rosser J. Pettit, a probate attorney based in Point Loma, San Diego. I've guided San Diego families through probate administration, trust administration, and estate settlement since 2012 — and I handle every matter personally. No associates. No handoffs. You work with me from the first call to the final distribution.

What Probate Actually Costs in California — and Why That Number Matters

California sets probate attorney fees by statute. Under Probate Code §§ 10800 and 10810, both the attorney and the executor are each entitled to compensation calculated as a percentage of 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 million


On a $900,000 estate — common in San Diego's real estate market — that's $21,000 in statutory attorney fees alone, plus an equal amount for the executor, plus court filing fees, publication costs, and appraisal fees. The total cost of a full probate frequently runs $30,000–$50,000 or more, and the process typically takes 12 to 18 months to complete.


These numbers are not meant to alarm you — they're meant to help you make an informed decision. Whether you're navigating a probate now or trying to spare your family from one in the future, understanding the real cost is the starting point for every conversation I have with clients.

Probate Services for San Diego Families

Every probate situation is different. Some estates require full court supervision. Others qualify for simplified procedures that can resolve the estate in weeks instead of months. I offer the full range of probate and estate-settlement services San Diego families need.

Probate Administration

Full-service representation through the California probate court process — from filing the petition and publishing the required notice to creditors, through the inventory and appraisal, to final accounting and distribution to heirs. I manage the timeline, the paperwork, and the court appearances so the family can focus on what matters.

Avoiding Probate in California

For families who want to spare their heirs the cost and delay of court, California law offers several effective strategies — primarily the revocable living trust. I help clients understand which approach fits their situation and implement it correctly, so the plan actually works when it's needed.

Summary and Small-Estate Procedures

Not every estate requires full probate. Under California law (as updated by AB 2016, effective April 1, 2025), estates with personal property valued under $208,850 may qualify for a small-estate affidavit. Homes valued up to $750,000 may be eligible for a simplified petition to determine succession. I help families determine which threshold applies and file the correct procedure — saving time and court costs.

Trust Administration and Successor Trustee Guidance 

When a loved one who had a living trust passes away, the successor trustee steps into a legally significant role — with real duties and real liability. I guide successor trustees through every step of trust administration: notifying beneficiaries, gathering assets, managing creditor claims, and making final distributions in compliance with California law.

Intestate Succession

When someone dies without a will or trust in California, state law determines who inherits — and the result often surprises families. I help heirs understand California's intestate succession rules, identify the proper legal procedure, and move the estate forward efficiently.

Why Families in San Diego Choose to Work With Me

Probate is not just a legal process — it's something families navigate while grieving. The attorney you hire should make it simpler, not more confusing.


  • Licensed in California since 2012, with 14+ years focused on estate planning and probate
  • Solo practice: you speak directly with me at every stage, not a paralegal or junior associate
  • Free, no-obligation consultation to review the estate and explain your options honestly
  • Deep familiarity with San Diego County Probate Court procedures and timelines
  • Combined expertise in estate planning and property tax law — relevant when inherited property triggers reassessment questions under Prop 19


I serve families throughout San Diego, including Point Loma, La Jolla, Coronado, Mission Hills, Ocean Beach, Pacific Beach, and Chula Vista.

Frequently Asked Questions About Probate in California

  • How long does probate take in California?

    Most California probates take 12 to 18 months from the date the petition is filed, assuming no disputes among heirs or creditors. Estates with contested claims, real property in multiple counties, or complex asset structures can take longer. Simplified small-estate procedures, when the estate qualifies, can resolve matters in a matter of weeks.

  • Does every estate have to go through probate in California?

    No. Assets held in a revocable living trust pass directly to beneficiaries without court involvement. Assets with named beneficiaries — such as life insurance policies and retirement accounts — also transfer outside of probate. Jointly held property with right of survivorship passes automatically to the surviving owner. Probate is required when a person dies with assets titled solely in their name that exceed California's small-estate thresholds and are not otherwise covered by a trust or beneficiary designation.

  • What is the small-estate threshold in California?

    As of April 1, 2025, the personal-property small-estate affidavit threshold is $208,850 for deaths occurring between April 1, 2025 and March 31, 2026, rising to $239,700 for deaths on or after April 1, 2026. A separate simplified petition procedure now covers primary residences valued up to $750,000. Whether an estate qualifies depends on asset type, titling, and other factors — a free consultation is the fastest way to find out.

  • Can I avoid probate for my family by setting up a living trust now?

    Yes, and a properly funded revocable living trust is the most reliable way to do it. The key word is "funded" — a trust that hasn't been used to retitle your assets won't keep those assets out of probate. I help clients both create the trust and complete the funding process so the plan is actually in place when it's needed.

  • What does a probate attorney in San Diego charge?

    California law sets the statutory fee schedule for probate attorneys — it's the same percentage-based formula regardless of which attorney you hire. What varies is how well the attorney manages the process, communicates with the family, and keeps the timeline on track. I offer a free initial consultation where I can give you a clear picture of the likely fees and timeline based on your specific estate.

  • What happens if someone dies without a will in California?

    California's intestate succession laws determine who inherits. Generally, assets pass to a surviving spouse first, then to children, then to more distant relatives — but the specific outcome depends on how the property was owned and the family's structure. The estate will still need to go through probate unless it qualifies for a simplified procedure.

Start With a Free Consultation

Probate questions rarely wait for a convenient time. I offer a free, no-obligation consultation — by phone, video, or in person at my Point Loma office — so you can get clear answers before making any decisions.


Call (619) 994-1215 or use the contact form to schedule.