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LifePath Law, APC, Donna N. Shioya, Attorney & Counselor at Law

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Sacramento, CA
LifePath Law, APC, Donna N. Shioya, Attorney & Counselor at Law

Supporting professional women plan for their own estate as well as manage their loved ones' estates

We educate, counsel and guide our clients to create and administer effective trusts. Our unique Formal Maintenance & Update Program keeps their estate plan updated for changes in their family, finances and the law so that their plan works when they need it to (most likely many years later), and not just when they created the plan. Our customized approach allows us to also educate our clients' fami

lies and loved ones about what to expect when the client passes away, so as to minimize the stress regarding the estate/trust administration.

10/03/2025

As the probate process moves forward, disputes may arise—often during or after the initial petition is filed and notice is given to heirs, beneficiaries, and other interested parties.

One lasting change in California probate proceedings is the use of virtual hearings, which became common during the pandemic and remain a standard practice today. While this allows for broader access and participation, it also means that any interested party, regardless of location, can more easily raise objections.

When an objection is raised, the court—operating as a court of equity—typically allows additional time for a formal written objection to be filed. This often results in the hearing being continued for 45 to 60 days or longer, depending on the court’s calendar and caseload.

Contested matters can significantly extend the timeline of probate. Depending on the complexity of the issues and the level of disagreement among parties, what begins as a routine process can evolve into proceedings that last months or, in some cases, years.

Family conflict is not uncommon in probate. Disagreements over the validity of the will, the choice of executor, or the distribution of assets can all contribute to delays.

If you are managing an estate and facing challenges at this stage, get in touch with us today.

For informational purposes only. This is not legal advice.

10/01/2025

One challenge that can surface early in probate is disagreement over who should serve as executor or administrator. Even when a will names an executor, others may question the appointment or believe they are better suited for the role.

Challenges to the appointment of an executor must be addressed through the court, which can extend the timeline of administration and increase costs for the estate.

👉 If you have been appointed as executor and anticipate conflict, get in touch with us today.

For informational purposes only. This is not legal advice.

09/29/2025

Delays in starting probate can create avoidable problems.

The process begins with filing the will and petition with the court. While it may seem like there is no urgency, postponing this step can add unnecessary financial pressure to the estate.

📌 Example: An executor waits nearly a year before filing. During that time, property taxes, mortgage payments, and other obligations continue to build, leaving the estate more difficult to manage.

If you’ve been appointed as executor, acting promptly helps protect estate assets and allows the process to move forward more smoothly.

👉 If you are an executor and need guidance on next steps, consider reaching out for professional support.

For informational purposes only. This is not legal advice.

09/26/2025

3 Things to Know If You're the Executor of an Estate in California Probate

If you’ve been named executor and the estate is going through formal probate, here are three key things to be aware of:

1. Locate Key Documents
Your role begins by gathering essential documents—most importantly, the will, if one exists. This will guide the probate process and outline how the estate should be administered.

2. Identify Interested Parties
It’s important to determine who may have a legal interest in the estate. This can include heirs, named beneficiaries, and others entitled to notice under California probate law.

3. Initiate the Court Process
To begin probate formally, a petition must be filed with the court. This step allows the court to appoint a personal representative and provides the legal authority to begin managing the estate.

These details offer a general starting point, but it’s important to understand that every probate case is different. Probate can be a detailed and structured process, and timelines or requirements may vary depending on the estate. If you’re navigating this role and need clarity on next steps, consider seeking guidance tailored to your circumstances.

For informational purposes only. This is not legal advice.

09/24/2025

How long does the probate process take in California?

Under California law, a personal representative is generally expected to complete probate within one year from the date of appointment. If the estate is subject to federal estate tax, the timeframe extends to 18 months.

However, it’s important to note that many probates extend beyond the standard timeline. Probate courts across the state have experienced significant delays due to increased filings, particularly with the aging Baby Boomer population. As a result, even straightforward cases may exceed the one-year mark.

Additional factors that can impact the length of probate include:
Disputes or contests over the will
The complexity of the estate’s assets
Difficulty identifying or locating beneficiaries
Claims from creditors or unresolved tax matters

The duration of probate varies from case to case, and timelines are often influenced by factors outside a representative’s control.

If you’re navigating a probate and would like clarity on what to expect based on your situation, feel free to reach out for more information.

For informational purposes only. This is not legal advice.

09/22/2025

California imposes some of the highest probate fees in the country, and it’s important for families to understand how those costs are calculated.

Under California’s statutory fee structure for probate, both the attorney and the executor are entitled to the following compensation, based on the gross value of the estate:

4% on the first $100,000
3% on the next $100,000
2% on the next $800,000
1% on the next $9 million
0.5% on the next $15 million

For estates exceeding $25 million, the court determines a reasonable fee
📌 Example:
An estate valued at $500,000 would incur approximately $26,000 in statutory fees—$13,000 each for the attorney and the executor.

These statutory fees do not include other court-related expenses such as appraisal (probate referee) fees, filing fees, or publication costs, which are often necessary for proper administration.

Understanding the full scope of probate-related expenses can help you prepare for the process ahead. If you’re handling a loved one’s estate and need clarity on what costs may apply, get in touch with us today.

For informational purposes only. This is not legal advice.

09/19/2025

When a spouse or domestic partner passes away, the transfer of assets depends on the estate plan in place. In California, there are three common scenarios:

1️⃣ Intestate – If no will exists, assets are distributed under California’s intestate succession laws.
2️⃣ Testate – If a valid will is in place, assets are distributed according to its terms.
3️⃣ Pour-Over Will – If there is a pour-over will, assets are directed into the trust named in the document.

In certain cases, a Spousal Property Petition may be used to transfer assets to a surviving spouse or domestic partner. This petition is filed with the probate court and, if approved, allows property to be transferred without requiring a full probate proceeding. A court hearing is scheduled, the petition is reviewed, and an order is issued if the legal requirements are satisfied.

It is important to understand the limits of this process. Where there are other heirs or property not covered by community property rules or the will, probate may still be required.

These distinctions matter when determining the appropriate next steps. If you are administering a loved one’s estate and believe a Spousal Property Petition may apply, reach out for more information and guidance.

For informational purposes only. This is not legal advice.

09/17/2025

Questions often come up about what happens when a loved one passes away and the estate is not large enough to require a full probate proceeding. California law provides specific procedures that may apply in these situations, depending on the type and value of the assets.

A Small Estate Affidavit may be used when the total estate is $208,850 or less, and applies to both personal property such as bank accounts, investments, or household assets, as well as real property, excluding the real property which is being claimed through a Petition to Determine Succession to Personal Residence.

For real property, the most significant update is the new Petition to Determine Succession to Primary Residence, available when the decedent’s home is valued at $750,000 or less. This streamlined procedure still requires a court filing, but it is a more direct alternative to full probate. Other types of real estate—such as a vacant lot or rental property—do not qualify as a primary residence and may require full probate.

These procedures are designed to make estate administration more manageable in certain circumstances. Knowing which path applies can give families a clearer sense of how to move forward after a loss.

For more information about how these updates may apply to your situation, you may contact us for guidance.

For informational purposes only. This is not legal advice.

09/15/2025

Named executor? The court might ask for a bond before you do anything.

In California, a fiduciary bond is often required before a person can be appointed by the court as the executor of a decedent’s estate. Whether a bond is necessary is determined by the court. It is ordered for the protection of the estate and its heirs.

✅ Required when there’s no will or no bond waiver
✅ Amount is based on the estate’s value
✅ It’s an insurance policy, not a deposit

If you’re handling a loved one’s estate, know what the court expects. Reach out for a clear explanation based on your situation.

For informational purposes only. This is not legal advice.

09/13/2025

3 things you need to know about California’s new Petition to Determine Succession to Primary Residence:

1️⃣ Effective April 1, 2025 – This petition is now available for deaths occurring on or after April 1, 2025 to transfer a decedent’s primary residence without going through full probate.

2️⃣ Eligibility requirements – The home must have been the decedent’s primary residence, valued at $750,000 or less at the date of death, and held solely in the decedent’s name (not in a trust or joint tenancy with survivorship).

3️⃣ Limitations – This petition applies only to the decedent’s primary residences. It does not apply to rentals, vacation homes, or vacant land. While it is a simplified process, it still requires filing with the court and giving notice to heirs.

These changes increase the value threshold for certain estates but narrow the type of property that qualifies. In other cases, full probate may still be necessary.

👉 If you are administering a loved one’s estate and need clarity on which process applies, reach out for more information.

For informational purposes only. This is not legal advice.

09/12/2025

We know many people hope to “avoid” a full probate when the estate is relatively small. Recent changes to California’s Probate Code make it important to understand what qualifies under the Small Estate Affidavit.

As of April 1, 2025, the affidavit can be used for estates valued at $208,850 or less, and applies to both personal property such as bank accounts, investments, or household assets, as well as real property, excluding the real property which is being claimed through a Petition to Determine Succession to Personal Residence.

For real property, a new petition, Petition to Determine Succession to Primary Residence, is available if the decedent’s primary residence is valued at $750,000 or less. Other types of real estate—such as a vacant lot or rental property—do not qualify as a primary residence and may require full probate.

Example: If a decedent owned only a $300,000 vacant lot, the estate would still go through probate despite being under the $750,000 limit.

These updates provide new options for certain families while removing others that previously existed.

👉 If you are administering a loved one’s estate and are unsure which process applies, reach out for more information.

09/11/2025

California’s probate code has changed and it could affect the way many families handle small estates.

Affidavit of Real Estate of Small Value – This can only be used where the total value of the real property is valued at $69,625 or less. This is oftentimes used for fractional /partial interests in a property.y which is being claimed through a Petition to Determine Succession to Personal Residence (see next.).

Small Estate Affidavit – The limit has increased to $208,850, and applies to both personal property such as bank accounts, investments, or household assets, as well as real property, excluding the real property which is being claimed through a Petition to Determine Succession to Personal Residence (see next.).

Petition to Determine Succession to Primary Residence – This petition is available only for a primary residence valued at up to $750,000.

Affidavit of Real Estate of Small Value – This can only be used where the total value of the real property is valued at $69,625 or less. This is oftentimes used for fractional /partial interests in a property.

Spousal Property Petition – Still available exclusively for surviving spouses or registered domestic partners, this petition allows for efficient transfer of property without a full probate proceeding.

These updates are significant. They create new pathways for certain estates while removing options that families once relied on. Understanding which process applies is critical to making the right decisions when a loved one passes away.

👉 In the coming days, we will explain each of these updates in detail. If you believe these changes may affect your family’s situation, reach out for more information and guidance.

California’s probate code has changed, and it could affect the way many families handle small estates.

For informational purposes only. This is not legal advice.

Address

225 30th Street, Suite 300
Sacramento, CA
95816

Opening Hours

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm

Website

https://www.lifepathlaw.com/

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