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A Practical Guide to the Probate Process in California

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When someone passes away in California, their estate may need to go through a court-supervised process known as probate. For many families, this can feel overwhelming—especially when they’re already coping with the emotional weight of a loss. Probate is a legal process used to settle debts, verify a will if one exists, and distribute assets to heirs or beneficiaries. It may sound straightforward, but it involves a series of steps that must be followed carefully.

Whether you’re an executor, a family member, or someone named in a will, understanding how probate works in California can help you prepare for what’s ahead.

When Probate Is Required in California

Not every estate must go through probate. The need for it depends on how assets were owned and their total value. Generally, if the deceased person owned assets in their name alone worth more than $184,500 (as of 2025), formal probate will likely be required. This includes real estate, bank accounts, vehicles, and investments that were not jointly held or placed in a trust.

Some assets can bypass probate entirely. These may include:

  • Joint tenancy property

  • Payable-on-death bank accounts

  • Life insurance proceeds with a named beneficiary

  • Retirement accounts like IRAs or 401(k)s

  • Assets held in a living trust

If most of the estate is made up of non-probate assets, a simplified process may be available. But when probate is required, it must follow specific legal procedures under the California Probate Code.

Starting the Probate Case

The process begins when someone—usually the person named as executor in the will—files a petition with the probate court in the county where the deceased lived. If there is no will, the court appoints an administrator, often a close family member, to manage the estate.

The initial filing includes:

  • The original will, if one exists

  • A certified copy of the death certificate

  • A petition for probate

  • A list of known heirs and beneficiaries

The court will then schedule a hearing to appoint the executor or administrator. Once appointed, that person becomes the personal representative and is given authority to act on behalf of the estate.

Duties of the Personal Representative

The personal representative plays a key role in managing the estate throughout probate. Their responsibilities include:

  • Notifying heirs, beneficiaries, and creditors

  • Taking control of estate assets

  • Opening a bank account in the name of the estate

  • Filing an inventory of the estate’s assets with the court

  • Managing property, paying bills, and resolving debts

  • Filing tax returns and paying any taxes owed

  • Keeping accurate records and accounting for all transactions

  • Distributing the remaining assets to beneficiaries once debts are paid

This is a legal role with fiduciary responsibilities, meaning the representative must act in the best interest of the estate and its beneficiaries. Mistakes or mismanagement can result in legal consequences.

How Creditors and Debts Are Handled

One of the key steps in probate is resolving the deceased person’s debts. Creditors must be notified and given a chance to file a claim. In California, creditors typically have four months from the date of the formal notice to submit their claims.

The personal representative reviews each claim and either approves or rejects it. Valid claims must be paid from estate funds before any distributions can be made to heirs. If the estate lacks enough liquid assets, the court may approve the sale of property to cover these obligations.

Disputes over debts or claims can delay the process and may require court intervention to resolve.

Handling Taxes During Probate

The estate may have tax obligations, depending on its size and how it was structured. These can include:

  • Final personal income tax returns for the deceased

  • Fiduciary income tax returns for the estate (IRS Form 1041)

  • Property taxes on real estate

  • California state taxes, if applicable

Federal estate taxes generally apply only to large estates valued over the federal threshold (currently over $13 million). However, smaller estates still need to follow proper filing procedures. An accountant or probate attorney can help ensure all tax responsibilities are met.

Distributing the Estate

Once all debts, taxes, and expenses are paid, the personal representative can ask the court for permission to distribute the remaining assets. If there is a valid will, it will direct how the assets should be divided. If there is no will, the estate will be distributed according to California’s laws of intestate succession.

This typically follows a family hierarchy:

  • Spouse and children

  • Grandchildren, if children are deceased

  • Parents, if there are no descendants

  • Siblings, nieces, and nephews

In some cases, distribution involves transferring real estate, closing bank accounts, and retitling vehicles. The representative must provide a final accounting to the court showing all income, expenses, and proposed distributions. Once approved, the court issues an order to close the estate.

How Long Probate Takes in California

The timeline for probate varies based on the size and complexity of the estate, whether there are disputes, and how efficient the court is. On average, probate in California takes between nine months and two years.

Delays can happen if:

  • Beneficiaries or heirs contest the will

  • There are problems locating assets or heirs

  • Real estate must be sold before distributions

  • Creditor claims are disputed

  • The estate includes business interests or out-of-state property

In some cases, beneficiaries can request partial distributions before the probate process ends, but this must be approved by the court.

Ways to Avoid or Simplify Probate

Many Californians choose to create estate plans that help avoid probate altogether. Common strategies include:

  • Establishing a revocable living trust

  • Using joint ownership with right of survivorship

  • Naming beneficiaries on financial accounts and retirement plans

  • Making use of small estate procedures if the estate qualifies

A trust allows assets to be transferred without court involvement, saving time and legal costs. However, it must be properly funded during the person’s lifetime to be effective.

The Role of a Probate Attorney

Probate involves court filings, strict deadlines, and legal documentation. If you’re appointed as a personal representative or are a beneficiary with concerns, working with an experienced probate attorney can make the process smoother.

A probate lawyer can:

  • Prepare and file all court documents

  • Guide you through your duties as executor or administrator

  • Help locate and value assets

  • Assist with creditor claims and disputes

  • Ensure the estate complies with tax laws

  • Represent you if conflicts arise among beneficiaries

Trying to navigate probate alone can lead to costly mistakes or delays. An attorney can help keep everything on track and ensure the estate is handled according to California law.

Conclusion

Probate in California is a structured legal process, but it can become complex when emotions, disagreements, or unclear estate plans come into play. Understanding each step—from filing the petition to distributing assets—helps reduce confusion and allows you to make informed decisions. If you’ve lost a loved one and need guidance on managing their estate, or if you’re planning ahead to ease the burden on your family, consulting with a probate attorney is one of the best ways to protect your interests and avoid unnecessary complications.