When probate is mishandled, families don't just lose money. They lose homes, savings, time, and sometimes each other. For three decades, Dr. Rey Gervacio — Board Certified Specialist in Estate Planning, Trust & Probate Law — has guided California families through probate with steady judgment, plain-English counsel, and the care that this season requires.
Most families only learn how harsh probate can be after the worst has already happened. Below are the costs we see most often — the ones that quietly drain estates and divide families when probate is handled without proper counsel.
Probate fees, taxes, and creditor claims often demand cash the estate doesn't have. Without planning, the family home is the first thing on the auction block.
Court costs, statutory fees, and administrative expenses can quietly consume a substantial share of the estate before a single beneficiary sees a cent.
Bank accounts locked. Investments untouchable. Mortgages and bills still due. California probate typically takes 9 to 18 months — and complex estates can stretch to 24.
Every asset, every debt, every beneficiary becomes part of the public court file. Family finances exposed to anyone curious enough to look.
When there is no clear plan, grief turns into disagreement. Disagreement turns into litigation. Some family relationships never recover from probate.
If a California estate is worth more than $184,500 in real or personal property held in the decedent's name, formal probate is typically required. Above that line, the rules tighten — and so do the consequences of getting it wrong.
Every probate carries unavoidable costs — but the difference between a well-managed estate and a poorly managed one is often measured in tens of thousands of dollars and many months of delay. The chart shows where the estate goes.
Months of delay. Frozen accounts. Fees that eat into the estate. Family conversations that turn into arguments.
A clear timeline. Plain-English answers. Filings handled correctly the first time. The family preserved — not divided.
Most families ask themselves the same difficult questions in the first weeks after a loss. We have answered them for hundreds of families — calmly, clearly, and without the legal jargon that makes hard moments harder.
Probate is the court process that administers an estate after death. Done right, it protects the estate. Done wrong, it depletes it. Our practice is built around getting it right the first time.
We review your situation and determine whether probate is necessary, whether a simpler path applies, and who has authority to act on behalf of the estate.
We prepare and file petitions, notices, and required documents — and represent the estate through every court step until the matter is resolved.
We guide executors through asset inventory, creditor matters, beneficiary communication, distributions, and the proper closing of the estate.
Dr. Rey Gervacio has been a licensed California attorney since 1995 and is a Board Certified Specialist in Estate Planning, Trust and Probate Law by the California State Bar Board of Legal Specialization — a credential held by less than one percent of California attorneys.
"Families do not need more legal jargon during grief. They need someone to handle this carefully, and to tell them the truth about what comes next."
Read more reviews on our client stories page.
Guided with compassion through the next steps.
Dr. Rey and his team helped me through the most difficult time of my life. Losing my wife, mother, and brother put me through trivial times — but I was guided with compassion through the next steps of honoring their wishes.
The best estate planning attorney in the Bay Area.
Rey is a board certified specialist in Estate Planning, Trust, and Probate. My parents' fear was dealing with probate if something happens to them. Thankfully, he was referred by my friend and helped us set up a trust for my parents. He is the best estate planning attorney in the Bay Area.
An invaluable advisor on complex estates.
A certified specialist in estate planning and elder care, Attorney Rey provided me with excellent advice when I needed nursing home care for my mother. In addition, he has provided trust administration and probate advice in a complex matter with an estate worth several million dollars. His expertise makes him an invaluable advisor. Highly recommended.
No surprises. No legalese for the sake of it. Each step is explained in plain language so families always know what is happening, what is needed, and what comes next.
A confidential conversation about the loved one, the estate, the will (if any), the assets involved, and the concerns weighing on the family today.
We assess whether full probate is required, whether a simpler procedure applies, and who has the legal standing to act for the estate.
We prepare petitions, file required documents, give notice to interested parties, and represent the estate through every required court step.
We guide the executor through asset management, debt and creditor handling, communication with beneficiaries, and ongoing administrative duties.
Once obligations are addressed, we prepare for proper distribution to beneficiaries and the formal closing of the estate.
If any of these describe your situation, the most important thing is to speak with experienced counsel before taking action that cannot be undone.
We offer a complimentary 30–60 minute Zoom Design Meeting with our Estate Plan Design Team — a high-level overview of California estate planning, an explanation of the key tools available, and the start of a plan tailored to your family.
All inquiries are reviewed personally by our office. The use of this form does not create an attorney-client relationship.
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Not always. If the total estate is worth less than $184,500 in California real or personal property, a simplified procedure may apply. Assets held in trust, in joint tenancy, or with named beneficiary designations (like life insurance or retirement accounts) typically pass outside probate entirely. The first step is a careful evaluation of the estate — assumptions made early can be costly to undo.
Most California probate matters take between 9 and 18 months from initial filing to final distribution. Larger or more complicated estates can extend to 24 months, especially when real property, contested issues, or creditor claims are involved. Proper handling from the start is one of the most reliable ways to keep that timeline from stretching further.
In most cases, the executor is expected to begin the probate process within 30 days of being notified of the death and their appointment. Delay creates risk — both for the estate and, in some situations, for the executor personally. If you are unsure where to start, this is exactly the kind of moment our office is here for.
When someone dies without a will (intestate), California law decides who inherits — not the family. The estate must still go through probate, and the rules can produce results the family did not expect. Speaking with counsel early helps the family understand who has legal standing and what to do next.
Yes. Executors and administrators carry real fiduciary duties and can be held personally responsible for missteps — including missed notices, mishandled assets, or improper distributions. This is one of the most common reasons families choose to retain experienced counsel from the beginning.
We offer a complimentary 30 to 60 minute Zoom Design Meeting with our Estate Plan Design Team, where we provide a high-level overview of California estate planning, explain the relevant tools, and begin shaping a plan tailored to your goals and family. Fees for ongoing matters are quoted only after a full review of your case.
One of our client specialists will contact you for a brief phone interview to confirm we are a good fit for your situation. After that, you will receive a short online questionnaire. Once completed, we schedule your initial consultation with one of our attorneys — via Zoom or in person, depending on availability.
Yes. Dr. Gervacio has helped many Filipino-American families navigate cross-border inheritance issues involving property and assets in the Philippines, in coordination with appropriate local counsel where required.