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Trusted Probate Guidance for Roseville Families

Probate Attorney in Roseville, CA

Every probate case belonging to a Roseville family is filed and heard at the Hon. Howard G. Gibson Courthouse, located at 10820 Justice Center Drive in Roseville, not Auburn or Sacramento. This courthouse is the place where the clock begins on a four-month creditor window, the mandatory inventory deadline, and the statutory fee is calculated based on the gross value of the estate prior to any debt being subtracted.

Filippi Law Firm, P.C. represents executors, administrators and beneficiaries throughout every stage of the process, from the initial application to the distribution of assets.

Placer County Hears Probate in One Place

Estate administration often arises during a period of significant stress and emotion, making it difficult to balance grief with the legal and financial tasks that follow. Our Roseville attorneys offer clear explanations, compassionate guidance, and practical support so you can manage your responsibilities with confidence while minimizing the risk of mistakes or unnecessary delays.

A few local details that are more important than most people realize:

1

Lawyers must file electronically according to the court’s local rules. Those who do not have a lawyer can still visit the Civil Division office in person to file.

2

Before a hearing, a probate examiner will review each petition and make notes. If they identify a problem and nobody corrects it in time, the hearing will be postponed. This is the most common reason why probate cases in Placer County take six or eight extra weeks.

3

The hearing notice must be published three times in a general newspaper serving the deceased’s community and mailed to all heirs and beneficiaries at least 15 days before the hearing.

Roseville estates almost always involve real property, which is exactly the type of asset that forces a case into court. Home values along Woodcreek, Sun City, and older neighborhoods off Douglas Boulevard have pushed many ordinary families past thresholds that used to keep them out of probate altogether.

AB 2016 Changed Who Actually Needs Probate

Assembly Bill 2016 took effect for deaths on or after April 1, 2025, and it created real breathing room for modest estates. The current figures published by the Judicial Council in Form DE-300 are:

Petition to Determine Succession to Real Property (Prob. Code §§ 13150–13157)

Decedent’s primary residence only

$750,000

Small Estate Affidavit (Prob. Code § 13100)

Personal property: bank accounts, vehicles, investments

$208,850

Affidavit re Real Property of Small Value (§ 13200)

Low-value real property

$69,625

Small Estate Set-Aside (§§ 6600–6613)

Surviving spouse and minor children

$107,900

The § 10810 Statutory Fee Schedule, in Dollars

California is one of the few states that determines attorney fees for probate cases based on a formula rather than by the hour. The Probate Code, Section 10810, sets the fee for attorneys. Section 10800 provides the personal representative with an equal amount.

Tier 1

4% of the first $100,000

Tier 2

3% of the next $100,000

Tier 3

2% of the next $800,000

Tier 4

1% of the next $9 million

Tier 5

0.5% of the next $15 million

Tier 6

Additional amount approved by court over $25 million

Applied to the range most Roseville estates actually fall into:

Gross Estate Value

Attorney Fee

Executor Fee

Combined Total

$300,000

$9,000

$9,000

$18,000

$500,000

$13,000

$13,000

$26,000

$750,000

$18,000

$18,000

$36,000

$1,000,000

$23,000

$23,000

$46,000

$1,500,000

$28,000

$28,000

$56,000

$2,000,000

$33,000

$33,000

$66,000

A Realistic Placer County Timeline

Nine months is the optimistic answer people hear online. Here’s what a Roseville house usually looks like:

1

Initial Intake & Case Prep

Gather death certificates, locate the original will, prepare the Petition for Probate (DE-111) — Weeks 1-3

2

Filing & Court Scheduling

Petition filed; court sets the first hearing; notice mailed and published — 6-10 weeks out

3

Court Hearing

Hearing; Letters issued; bond posted if required Court Hearing Month 2-3

4

Creditor Notice Window

Creditor claim period runs from the date Letters issue — 4 months, fixed

5

Inventory & Appraisal

Probate referee appraises non-cash assets; Inventory and Appraisal filed — Due within 4 months of Letters

6

Real Property Liquidation

Sale of real property, if the estate needs one — Adds 2-5 months

7

Final Accounting

Final tax returns, accounting, Petition for Final Distribution — Month 9-13

8

Case Resolution

Distribution hearing, order signed, receipts filed, case closed — 6-10 weeks after filing

Why Roseville Families Call Jim Filippi

Middle-aged man in dark suit and red tie standing confidently outside modern office building.

Before he practiced law, Jim Filippi was a California police officer. That career ended during a narcotics detail when a suspect trapped him in a vehicle and accelerated, dragging him down the street. The injuries healed, but the career did not return.

What he found next was estate law. And the connection was not as strange as it sounded. Both jobs were about showing up for people on their worst day of the year. Clients handing over their parents’ files were not signing documents; they were trusting someone with something their family had spent a lifetime building.

Probate Law Frequently Asked Questions

No. The venue follows the deceased’s county of residence at death. If your father lived in Roseville, the case would be filed in Placer County even if you lived in Elk Grove and every other heir was in Sacramento.

Not through AB 2016. This petition caps at $750,000 gross and appraised value on the date of death. Full probate is required unless the property has already been titled in a trust or held in joint tenancy or covered by a recorded transfer-on-death deed.

After Letters issue, which is typically two to three months. Whether you need a court confirmation of the sale depends on your authority under the Independent Administration of Estates Act. Full authority allows most sales with notice to the heirs and without confirmation hearing, which usually saves two months.

Legally, no. In practice, the court will not provide you with procedural advice. Examiner notes are written for lawyers and a mistake in notice or accounting is your personal responsibility, not the estate’s. Most probate cases in Placer County continue at least once when self-represented.

The § 10810 amount is set by statute and approved by the court, so it is not something that an attorney can discount below schedule. Waiving the executor’s fee is a real lever, and it is worth discussing early.

The estate passes by intestate succession, and the court appoints an administrator instead of an executor. Priority runs to the surviving spouse, then children, then more distant relatives. A bond is more often required when there is no will waiving it.

Talk to Someone Before You File

The cheapest hour in any probate process is the one spent before the petition is submitted. Bring a death certificate, a will if there is one, and a rough list of your loved one’s assets. We will tell you which process is appropriate, what the statutory fee actually is for this estate, and how long Placer County likely will take.