An Interview with San Diego Probate Attorney Owen Rassman
By Brad Green, Green Realty | Probate Solutions Group
Meet One of San Diego’s Best Probate Attorneys
If you’ve ever had to deal with a loved one’s estate—or if you want to make sure your family doesn’t face that stress down the road—this is for you. I recently sat down with Owen Rassman, a top-notch probate and trust attorney out of Carlsbad, to talk all things probate in California.
Owen is one of those rare attorneys who not only knows the law inside and out but also genuinely cares about helping families navigate difficult times. He’s been practicing law for over two decades and has spent the last 15 years laser-focused on estate planning, trust administration, and probate. Through his firm, Opelon LLP, Owen helps people get their affairs in order—or clean them up after the fact—without nickel-and-diming them. His estate planning services are flat-fee based, so clients never have to worry about getting billed every time they ask a question.
Let’s just say: if you’re looking for peace of mind, this is the guy you want in your corner.
What Is Probate—and Why Does It Matter?
During our conversation, Owen said something that stuck with me:
“If you don’t know what probate is, just remember—probate is bad.”
And he’s right. Probate is a court-supervised process that kicks in when someone passes away without the right estate planning documents in place. On paper, it sounds simple—identify the assets, pay the debts, distribute what’s left—but in reality, it’s a drawn-out, expensive, and very public ordeal.
In California, probate typically lasts 9 to 18 months. And that’s if there are no disputes or curveballs. Add in family disagreements or a surprise will, and it can stretch on for years. The process requires court filings, public notices, judges’ approvals, and a long checklist of legal steps. That means you’re not only handing over control of your estate—you’re doing it under the scrutiny of the court system.
And here’s the kicker: probate costs are based on the gross value of the estate. That means it doesn’t matter how much debt is tied up in a home or property. The court fees, attorney fees, and executor fees are based on the full market value.
What Probate Really Costs in California
Let’s break it down with an example. Say someone passes away owning a home worth $800,000. It doesn’t matter if they still owed $790,000 on the mortgage—probate fees will be calculated on the full $800,000.
By California law, both the attorney and the estate’s executor are entitled to statutory fees:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of anything above $1 million
That $800,000 estate? It’s going to cost $19,000 to the attorney, $19,000 to the executor—plus additional court filing fees, appraisal fees, publication costs, and more. You’re easily looking at $40,000+ just to move an estate through probate. That’s money that could have gone directly to the family.
Avoiding Probate: How You Can Spare Your Family the Hassle
The good news? Probate isn’t a foregone conclusion. With a little planning, it’s completely avoidable—and Owen emphasized that this is one of the core goals of smart estate planning.
The most effective way to avoid probate in California is by creating a Living Trust. When you place your assets—like your home—into a trust, you remove them from the probate process entirely. Upon your death, those assets are passed directly to your chosen beneficiaries by your successor trustee, without the need for court approval. It’s faster, more private, and significantly cheaper than probate.
In addition to trusts, certain accounts like 401(k)s, IRAs, and life insurance policies allow you to name beneficiaries directly. As long as those beneficiaries are alive, the money bypasses probate entirely and goes straight to them.
Between these two methods—trusts and beneficiary designations—you can keep most, if not all, of your estate out of the court system.
Will vs. Living Trust: What’s the Real Difference?
A lot of people assume that having a Will is enough to protect their family. Unfortunately, that’s not the case. Wills don’t avoid probate—they just provide the court with instructions for how to divide your stuff.
A Living Trust, on the other hand, allows your estate to skip probate entirely. It’s private, takes effect immediately, and keeps your affairs out of the court’s hands.
Here’s how they compare:
| Will | Living Trust | |
|---|---|---|
| Avoids Probate? | ❌ No | ✅ Yes |
| Becomes Public? | ✅ Yes | ❌ No |
| Effective When? | At Death | Immediately |
| Court Involvement? | Required | None |
Most people need both: a Trust to handle major assets, and a Pour-Over Will to catch anything you forgot to put into the trust. But make no mistake—if your estate plan ends with just a Will, your family’s headed for probate.
What Happens If There’s No Will or Trust?
If someone dies without any legal plan in place—no Will, no Trust, no named beneficiaries—then California’s intestate succession laws take over. And let me tell you, the government’s idea of who should inherit your stuff might not line up with your own.
Here’s how it plays out: the court follows a legal hierarchy, starting with a spouse and children, then moving to parents, siblings, nieces and nephews, and so on. The process can be cold, clinical, and complicated—especially if there’s any disagreement in the family.
Worse, these cases often end up with long delays, family conflict, and unexpected people inheriting assets. Having a Will and Trust is how you retain control and ensure your wishes are followed.
Probate Pitfalls: What Can Go Wrong?
Owen shared one story that really illustrates how messy probate can get. He was handling a case with a 40-year-old Will when, midway through the process, a newer handwritten Will showed up—with different beneficiaries, scratched-out sections, and handwritten notes in the margins.
That kind of situation can quickly spiral into expensive, drawn-out litigation. Thankfully, in this case, the family was able to work out a deal outside of court. But it could’ve easily gone the other way—adding years of legal battles and tearing families apart.
Other common mistakes Owen sees:
- People forget to update their estate plans after life changes.
- They create a Trust but never transfer their assets into it (which means it doesn’t work).
- Family members argue over who should serve as executor or administrator.
- Executors commingle estate funds with their own (which is a big no-no).
- Assets are distributed before the court gives approval, putting everything at risk.
These are avoidable issues—but only if you plan ahead and follow through.
Best Practices for Families Handling Probate
If you’ve been appointed as the executor or administrator of a probate estate, there are a few golden rules to keep you out of trouble.
First, never co-mingle funds. Estate assets must stay in separate accounts from your personal finances. Keep meticulous records of every dollar that comes in and goes out. Pay bills carefully, and never distribute anything to beneficiaries until the court has given formal approval.
If you’re unsure about anything—whether it’s paying a utility bill, selling a home, or hiring a service provider—ask your probate attorney first. A good rule of thumb? Ask yourself, “Does this benefit the estate and its heirs, or does it benefit me personally?” That mindset will keep you on the right track.
Covering Costs: Do You Have to Pay Up Front?
Probate often comes with upfront expenses—filing fees, publication costs, maintaining the property—but executors are not legally required to pay these out of pocket. That said, many do. It’s common for the administrator to front the initial costs and then get reimbursed once the estate has funds available.
Attorneys, on the other hand, cannot take advance payments for their probate fees, but they often request a small retainer to cover court-related costs. Once the assets are liquidated—usually after the home is sold or accounts are transferred—the estate reimburses those expenses.
Estate Planning Is Cheaper (and Easier)
Putting off estate planning is easy. But once you’ve seen how expensive and painful probate can be, the alternative looks pretty appealing.
A full estate plan—including a Living Trust, Will, power of attorney, and healthcare directive—typically runs between $1,500 and $5,000 depending on the complexity and your attorney’s experience.
Compare that to $40,000 or more in probate costs, and it’s clear: planning ahead is not only smarter—it’s far more affordable. And more than that, it’s a gift to your family during one of the hardest times of their lives.
Final Thoughts from Brad
I’ve worked with Owen on several probate transactions, and I can honestly say—he’s one of the best in the business. He knows the law, communicates clearly, and helps families get through incredibly difficult situations with confidence and care.
If you have questions about probate, trusts, or what to do with a property that’s stuck in probate limbo, don’t wait. We’re here to help make it easier for you and your family.
Reach Out Today
🏠 Brad Green
Probate Solutions Group – Green Realty
📞 (858) 735-9405
📧 Email Me
👨⚖️ Owen Rassman, Attorney at Law
Opelon LLP – Carlsbad, CA
📞 (760) 278-1116
🌐 www.opelon.com