California Probate Process – A Step-by-Step Guide

The probate process is the legal accounting and distribution of an estate after someone has died. This process can occur with or without a will and is often dependent on the size of the estate. The process can be quite complex, and someone becoming acquainted with it might reasonably wonder what the California probate process requires.

Why the Probate Process Is Important

In California, if someone dies with an estate totaling $184,500 in or after 2024 ($166,250 for previous years) or more, the probate process must be engaged.

While probate can be a costly and sometimes painful process, ultimately, it is there for the benefit of all involved. Probate is a matter of public record. This means that after probate is complete, decisions made regarding a decedent’s assets and how they have been distributed have the legitimacy of the law behind them.

Not engaging with the probate process can have severe consequences as well. If probate has not been filed, an heir may find they lack legal authority to access an estate’s assets or funds. Lacking any legal standing, estate disputes often occur. In 2024, for example, California saw over 40,000 court filings for estate disputes.

The probate process also ensures that all tax and credit issues facing an estate have been resolved. Without the aid of the court, an estate might face unresolved tax penalties, claims from creditors, or liens that need to be paid.

The Probate Process

When a person dies in California and leaves behind a large estate, with or without a will, the probate process should be engaged. Before the court process begins, the executor of the will or a relative of standing should locate the decedent’s will and obtain at least ten copies of the death certificate. They should be sure to send these copies to all relevant bodies, such as life insurance companies, banks, and other financial institutions.

Once these steps have been taken, the probate process can be engaged productively. It is important to understand that probate can take time, and each step must be followed. These are:

• Filing a petition. A Petition of Probate must be filed by the executor of the will, or if there is none, by a relative in standing. This should be done with the superior court of the county where the deceased person lived when they passed. A death certificate will be needed for this process. Once this is done, a hearing date will be given.
• Appointment of a personal representative of the estate. At the hearing, a judge will designate a personal representative of the estate. This is usually the named executor of the will. However, if there is no will, a family member is usually chosen.
• Accounting of the estate and paying creditors. The representative of the estate will be given “letters of administration” that recognize their authority to gather assets, arrange appraisals, and pay creditors from the estate. This includes resolving tax issues such as filing the decedent’s estate tax return and final income tax return.
• Final report and accounting. Once the representative of the estate has completed these duties, they will submit a Final Report to the court informing them. Another court date will be set.
• Distribution of assets. If a judge finds that all of the duties have been properly fulfilled by the personal representative of the estate, they will order a distribution of the assets. If there is no will to guide this process, it will be done according to California intestacy laws.

FAQs

What Are the Steps for Probate in California?

There are several complex steps that must be taken for probate in California. In general, it begins with the filing of a Petition for Probate by the executor of an estate. What follows is a process where assets are accounted for, creditors of the estate are paid, and tax of the decedent issues are resolved. Afterward, if a court affirms everything has been followed properly, there will be a distribution of assets according to the will or California intestacy laws.

How Long Does It Take for Probate to Be Granted in California?

There is no set timeline to determine how long it takes for probate to be granted in California. Factors such as court appointments, how long it takes to account for the estate and pay relevant parties, and the approval of the courts can all affect how long probate takes. In general, this can take between nine months to a year and a half.

What Assets Are Exempt From Probate In California?

There are several kinds of assets that are exempt from probate in California. Decedents who leave a small estate (less than $184,500 in 2024 or $166,250 for previous years) do not have to engage with probate. Likewise, community property jointly owned by a spouse, life insurance proceeds, and properties in a living trust are often exempt. Accounts with payable-on-death beneficiaries and certain kinds of real estate may also bypass the probate process.

What Triggers Probate in California?

Probate is triggered in California by the filing of a Petition for Probate. This should be done within 30 days of the decedent’s passing. If the decedent died while living in California or simply owned property in the state, probate must be engaged in the county in which they were living or where the property lies.

Contact Us

The probate process can be difficult. It consumes time, expense, and no small amount of labor to make sure that due diligence is applied to every step. Our probate and estate attorneys at Hinojosa & Forer LLP have been engaging with the probate process for decades. We understand the complexities of the court process and the anxieties it can induce. Let us lend our knowledge to ease the burden of probate.

Probate can leave an emotional, economic, and mental toll on those involved. We are ready to stand with you to make sure all probate requirements are met and that the decedent’s estate is honored and processed correctly. Contact us today to speak with one of our skilled attorneys.