Trust Administration and Probate Attorneys for Bay Area Families
You lost someone. And somewhere in the paperwork, a document names you as successor trustee, or tells you there's no trust at all. Grief doesn't leave much room for legal deadlines.
You don't have to figure this out alone, and you don't have to figure it all out today. We guide trustees, executors, and families one step at a time.
START HERE
Was There a Trust?
The answer decides which path you're on.
YES, THERE'S A TRUST
Trust administration
- Usually handled privately, without a court
- You act as successor trustee
- Six steps, from notices to final distribution
NO TRUST, OR ASSETS OUTSIDE IT
Probate
- A court-supervised process
- Fees set by California statute
- Smaller estates may qualify for a shortcut
Trust Administration, Step by Step
Administering a trust is a sequence, not a mystery. When we work with you as trustee, here is the path we walk together:
Read the trust and confirm your authority
We review the trust document with you, explain in plain language what its terms actually require, and prepare what banks and title companies need to recognize you as trustee.
Send the required notice to beneficiaries and heirs
California requires the trustee to notify beneficiaries and heirs after the settlor's death, within a strict statutory window. We prepare and serve these notices correctly, because errors here create problems later.
Inventory and appraise the assets
Every property, account, and business interest gets identified, valued as of the date of death, and documented — including the step-up in basis appraisals your CPA will need. For married couples, how title was held matters here: California community property generally receives a step-up on both halves at the first spouse's death, a detail that can save a surviving spouse significant tax.
Handle debts, expenses, and taxes.
We work with your accountant to resolve creditor claims and final bills, file the decedent's final income tax return, and prepare a federal estate tax return (IRS Form 706) when the estate is large enough to require one — all before anything is distributed.
A clear, documented accounting protects you and reassures the family. Most disputes start with silence; we prevent them with transparency.
Account to the beneficiaries
Distribute and close
We prepare the deeds, transfer documents, and receipts that move assets to beneficiaries and formally complete your job.
TRUST ADMINISTRATION, STEP BY STEP
A Sequence, Not a Mystery
When we work with you as trustee, here is the path we walk together.
1
Read the trust and confirm your authority
We review the trust with you, explain what its terms require, and prepare what banks and title companies need to recognize you as trustee.
2
Send the required notice to beneficiaries and heirs
California requires notice within a strict statutory window after the settlor's death. We prepare and serve it correctly, because errors here create problems later.
Time-sensitive
3
Inventory and appraise the assets
Every property, account, and business interest gets identified, valued as of the date of death, and documented, including the step-up in basis your CPA will need.
4
Handle debts, expenses, and taxes
With your accountant, we resolve creditor claims and final bills, file the final income tax return, and prepare a federal estate tax return (IRS Form 706) when the estate is large enough to require one.
5
Account to the beneficiaries
A clear, documented accounting protects you and reassures the family. Most disputes start with silence; we prevent them with transparency.
6
Distribute and close
We prepare the deeds, transfer documents, and receipts that move assets to beneficiaries and formally complete your job.
COMMON QUESTION
What does a trust administration attorney do?
Guides a successor trustee through the legal duties that follow a death in California: serving notices, inventorying and appraising assets, resolving debts and taxes, preparing accountings, and completing distributions.
The attorney's role is to keep the trustee compliant with California trust law and protected from personal liability.
COMMON QUESTION
How long does trust administration take?
Several months
More than a year
A simple trust with cooperative beneficiaries closes faster. These extend the timeline:
Real estate
Business interests
Tax filings
Disagreements
We'll give you a realistic timeline in the first meeting and update it as we go.
If your loved one died without a trust — or assets were left outside one — the estate may need probate: a court-supervised process for validating the will, paying debts, and transferring property.
We handle probate in the superior courts of all six Bay Area counties we serve: San Francisco, San Mateo, Alameda, Contra Costa, Solano, and Santa Clara. Each county's probate department has its own local procedures and pacing; knowing them keeps your case moving instead of bouncing.
Two things about California probate are worth understanding early:
The fees are set by statute. California sets attorney and executor compensation for ordinary probate services as percentages of the gross estate value, on a tiered schedule:
| Portion of the gross estate | Statutory fee |
|---|---|
| [ATTORNEY VERIFY: current tier amounts under the California statutory probate fee schedule, Probate Code §10810] | [ATTORNEY VERIFY: current percentage for each tier] |
Because the fee is based on the gross estate — not equity — a Bay Area home can generate a substantial statutory fee even if it carries a large mortgage. This is the math behind the advice you've probably heard: in California, a living trust usually costs far less than the probate it avoids.
Not every estate needs full probate. California allows a simplified transfer process for estates whose qualifying assets fall below a set value, using a small estate affidavit instead of a full court proceeding. We'll tell you honestly if your family qualifies for the shorter path.
PROBATE IN THE BAY AREA
When It's Required, and What It Involves
If your loved one died without a trust, or assets were left outside it, the estate may need probate: a court-supervised process for validating the will, paying debts, and transferring property. We handle probate in all six Bay Area counties.
The fees are set by statute
California sets attorney and executor compensation as percentages of the gross estate value, on a tiered schedule. Because it's based on the gross estate, not equity, a Bay Area home can generate a substantial fee even with a large mortgage.
| Portion of the gross estate | Statutory fee |
|---|---|
| [Tier amounts] | [Percentage per tier] |
| [Tier amounts] | [Percentage per tier] |
Attorney to verify: Probate Code §10810 tiers
Not every estate needs full probate
California allows a simplified transfer process for estates whose qualifying assets fall below a set value, using a small estate affidavit instead of a full court proceeding.
We'll tell you honestly if your family qualifies for the shorter path.
This is also the math behind the advice you've probably heard: a living trust usually costs far less than the probate it avoids.
How probate gets started
WHERE WE'RE DIFFERENT
Real Estate in the Estate
In most Bay Area estates, the largest asset is real property, and real property is where general estate firms slow down. It's where we speed up.
Trust and probate sales
We can manage the sale as an attorney-led sale, including sales to a beneficiary or known buyer, without a broker's commission where appropriate.
Deed transfers done right
Distributing a property to heirs means new deeds, recorded correctly, with the county and property-tax paperwork handled.
When heirs disagree about the property
One wants to keep the house, one wants to sell. We counsel families through it, and if co-ownership truly deadlocks, our litigators handle partition.
Miss a required notice, distribute too early, favor one beneficiary, or keep sloppy records, and a trustee can be personally liable — even with good intentions. Most trustee mistakes aren't acts of bad faith. They're acts of not knowing.
And if a conflict has already surfaced — a beneficiary threatening to contest, a demand letter, accusations you don't deserve — you don't need a second firm for that either. Our trust and estate dispute attorneys defend trustees and represent beneficiaries throughout California.
One more note for the future: if administering a loved one's trust has shown you what an outdated or unclear plan puts a family through, that experience is worth acting on. When you're ready — and only then — we can review or build your own plan. Our will and trust attorneys can help.
TRUSTEE DUTIES AND PERSONAL LIABILITY
Why Trustees Call Us
Here's what surprises most new trustees: the job comes with personal legal exposure. A trustee is a fiduciary under California law, held to a high standard of care, loyalty, and impartiality toward every beneficiary.
That's the real reason to have counsel: not because the family is fighting, but so it never starts. Every step is documented, every beneficiary is informed, and you're protected while you do right by everyone.
Mistakes that can make a trustee personally liable, even with good intentions:
Missing a required notice
Distributing too early, before debts and taxes are settled
Favoring one beneficiary over the others
Keeping sloppy records
Already facing a conflict? A beneficiary threatening to contest, a demand letter, accusations you don't deserve: our trust and estate dispute attorneys defend trustees.
FREQUENTLY ASKED QUESTIONS
Trust Administration & Probate Questions
How long does probate take in California?
California probate commonly takes a year or longer from filing the petition to final distribution, and estates with real estate sales, creditor disputes, or tax complications take more time. Court calendars in Bay Area counties also affect pacing. A living trust avoids this timeline for assets held in the trust.
What does trust administration cost?
Trust administration costs in California depend on the trust's assets and complexity: the number of properties, business interests, tax issues, and whether beneficiaries cooperate. Danfoura Law Group quotes fees upfront, explains the expected scope before work begins, and bills with detailed invoices, so trustees can show beneficiaries exactly what the estate paid for.
Reasonable administration expenses, including attorney fees, are generally paid from trust assets, not from the trustee's own pocket.
Do all estates go through probate in California?
No. Assets held in a revocable living trust, assets with valid beneficiary designations such as retirement accounts and life insurance, and jointly-owned property passing by survivorship all avoid California probate. Estates whose remaining qualifying assets fall below California's small-estate threshold can use a simplified affidavit process instead of a full court proceeding.
Take the Next Step at Your Own Pace
If you've been named trustee or executor, you don't need to have answers yet. You need a roadmap and someone to walk it with you. We respond within 24 hours, and the first conversation is simply about where things stand.
If this experience showed you what an outdated plan costs a family, we can review or build your own when you're ready. Wills & trusts →
