Question 1

Is this legal?

Accepted Answer

Yes. ProbateClear operates as a document preparation service under California Business and Professions Code §6400 et seq. — the same legal framework that allows services like LegalZoom to operate. We work with independent California-registered Legal Document Assistants who prepare your documents at your direction. You file In Pro Per (representing yourself), with a licensed professional reviewing the paperwork before you serve or file.

Question 2

Do I need an LDA or a lawyer?

Accepted Answer

For the simplified paths ProbateClear handles — small estate affidavits, spousal petitions, AB 2016 succession, trust administration — you are not required by law to hire anyone. You can file entirely yourself. What an LDA provides is professional document preparation and, on court paths, e-filing and notice handling. What an attorney provides, beyond that, is legal advice and court representation. If your case is straightforward, you're paying for things you don't need when you hire an attorney. If your case is contested or complex, you need an attorney — and we'll say so.

Question 3

My parent left a home. Does it have to go through full probate?

Accepted Answer

Often no. California has at least three paths that can transfer a home without full probate, depending on circumstances:

1. AB 2016 Succession (primary residences under $750K, deaths on or after January 1, 2025) — one court hearing, no attorney required
2. Affidavit of Death of Joint Tenant — if the home was held in joint tenancy, it transfers by recording a notarized affidavit
3. Small-Value Real Property affidavit (DE-305) — for properties valued under $69,625, no court required

Full probate is required when none of these apply — typically higher-value homes held solely in the decedent's name, without a trust or joint tenancy. Run the screener and we'll tell you which applies to your situation.

Question 4

What if my estate requires full probate?

Accepted Answer

Some estates do need full probate — the court-supervised process, typically for larger estates held solely in the decedent's name without a trust or joint tenancy. It's a legitimate, sometimes necessary path, not a failure. Our screener tells you clearly if yours is one. Full probate runs in stages: we start you at Phase 1 — the petition that opens the estate and gets you legal authority to act — prepared by your assigned LDA. The later administration and distribution stages are coming soon; until then your LDA can carry them directly so your case never stalls. You get the simplest path that fits — and if that's full probate, you're still in one place.

Question 5

What if my estate qualifies for multiple case types?

Accepted Answer

This is more common than most people realize. A typical estate might have a home (AB 2016 succession), bank accounts (§13100 small estate affidavit), and a vehicle (DMV REG 5 affidavit) — three separate paths, all running in parallel. Our screener identifies every applicable path in one session. Affidavit paths are covered under one flat affidavit fee; court, trust, and full-probate paths are each billed separately, one transparent flat fee per path — shown to you before you pay anything.

Question 6

Will banks and institutions accept these documents?

Accepted Answer

Yes. The §13100 small estate affidavit is a statutory form under California Probate Code. Financial institutions are legally required to honor it for qualifying estates. Your packet includes institution-specific cover letters and serving instructions for each asset type. If an institution pushes back — which occasionally happens — your LDA can provide a follow-up letter citing the applicable statute. We've handled this before.

Question 7

What if the estate has debts or unpaid bills?

Accepted Answer

For the simplified paths ProbateClear handles, debts don't necessarily block the process — but they do need to be addressed before assets are distributed to heirs. Your LDA will advise you on the creditor notification requirements for your specific path. If the estate has complex or disputed debts, that's a signal to consult an attorney before proceeding.

Question 8

What if my estate is otherwise complicated?

Accepted Answer

If the screener surfaces complexity we can't handle — contested heirs, multi-state assets, business interests, active litigation — we'll tell you directly and refer you out. We don't take cases we can't serve well. There's no charge for the screener and no obligation to proceed.

Question 9

How long does probate take in California?

Accepted Answer

It depends entirely on the path:

- Small estate affidavit (§13100): you can serve the affidavit 40 days after death; most institutions process within 2–4 weeks after that
- Affidavit of Death of Joint Tenant / DE-305: typically 2–4 weeks from notarization to recorded title
- AB 2016 succession petition (DE-310): a court hearing, usually scheduled 6–8 weeks after filing; county recorder recording adds 1–2 weeks
- Spousal Property Petition: similar timeline to DE-310 — a court hearing, typically 6–8 weeks out
- Trust Administration: depends on creditor period (120 days from §16061.7 notice), but no court required

Full probate typically takes 12–18 months minimum — which is exactly why it's worth checking whether a simpler path fits your estate first. When one does, you're often looking at weeks, not a year. When full probate is genuinely required, we start you at Phase 1 (opening the estate) and walk you through the realistic timeline so there are no surprises.

Question 10

What if I make a mistake in the screener?

Accepted Answer

It's not binding. The screener is how we understand your situation — nothing is filed based on your answers alone. Your LDA reviews everything before a single document goes out. If something looks off, they'll flag it and ask. You have unlimited revisions until your documents are filed, on every path.

Question 11

Do I have to be in California?

Accepted Answer

The estate must be a California estate — meaning the decedent lived in California, or the assets (especially real property) are located in California. The executor can be out of state, though some court paths prefer a California-resident executor. Run the screener — we'll tell you if your situation creates any complications.