Navigating the probate process can feel overwhelming, especially during a time of loss. Whether you're serving as an executor, a beneficiary, or simply seeking to understand your legal options, having clear answers can make all the difference. Below are some of the most frequently asked questions we receive about probate law in California.
Probate is the legal process of administering a deceased person's estate, including validating the will, paying debts, and distributing assets. In California, probate is typically required when someone dies owning property or assets solely in their name and the total value exceeds a certain threshold. If the estate qualifies for simplified procedures or is held in a trust, full probate may not be necessary.
The probate process in California can take anywhere from 8 months to over a year, depending on the complexity of the estate. Delays may occur due to court backlogs, creditor claims, disputes among heirs, or the need to sell property. Having an experienced probate attorney can help streamline the process and reduce delays by ensuring all filings and legal requirements are handled properly.
Not all estates must go through probate in California. Small estates valued under a certain amount may qualify for a simplified process. Additionally, assets held in a living trust, joint tenancy, or with designated beneficiaries—like life insurance policies or retirement accounts—can typically pass to heirs outside of probate.
The person named as the executor in the will is responsible for managing the probate process. If there is no will, the court appoints an administrator. This person must gather assets, notify creditors, pay debts and taxes, and distribute property to beneficiaries. An attorney can help guide them through each step.
If a person dies without a will—called dying "intestate"—California law determines how their assets are distributed. Typically, property goes to the closest relatives, such as a spouse, children, or parents. The court appoints an administrator to oversee the estate. Having a will or trust in place can help avoid confusion or unintended outcomes.
Yes, probate can be avoided with proper estate planning. Tools like revocable living trusts, joint ownership, and beneficiary designations allow assets to pass directly to heirs without court involvement. Working with a lawyer to create a comprehensive estate plan can reduce the need for probate and help protect your loved ones.
Probate costs in California include court fees, legal fees, executor compensation, appraisal fees, and other administrative expenses. These costs are typically paid from the estate before assets are distributed. While some fees are fixed or based on the estate’s value, others may vary depending on complexity. An attorney can help estimate expected costs.
If you’re responsible for managing an estate or navigating inheritance matters, consulting a probate attorney is highly recommended. A lawyer can help interpret the will, handle court filings, resolve disputes, and ensure legal compliance. Even seemingly simple estates can benefit from legal guidance to avoid costly mistakes or delays.
A will is a legal document that outlines how a person’s property should be distributed after death, while a trust can hold and manage assets during a person’s lifetime and after death. Trusts can help avoid probate, provide privacy, and offer more control over asset distribution. Both tools can be part of a well-rounded estate plan.
Yes, a will can be contested if someone believes it was created under undue influence, fraud, or the decedent lacked mental capacity. Common challengers include disinherited heirs or those who suspect the document isn’t valid. Contesting a will involves a formal legal process, and the court will ultimately decide its validity.
The executor must locate the will, file it with the court, gather and inventory assets, notify creditors, pay valid debts and taxes, and distribute the remaining property to beneficiaries. They also handle legal paperwork and may need to sell property. Executors have a fiduciary duty to act in the best interest of the estate.
During probate, known creditors are notified and given a period to file claims against the estate. Valid debts, including taxes, must be paid from estate assets before any distribution to heirs. If the estate lacks enough funds, some assets may need to be sold to cover outstanding obligations.
Yes, probate is a public process in California. Court filings, including the will and inventory of assets, become part of the public record. This can lead to a loss of privacy. Many people use trusts and other estate planning tools to avoid probate and maintain confidentiality.
Yes, much of the probate process can now be managed remotely, especially with electronic filing and virtual court appearances becoming more common. A probate attorney can assist you in handling tasks by phone, email, or video conferencing, which is particularly helpful for out-of-state executors or beneficiaries.
Disputes among heirs can lead to delays and additional costs during probate. Common issues include disagreements over asset distribution, claims of undue influence, or concerns about the executor’s actions. Mediation or court intervention may be necessary. An experienced probate lawyer can help resolve conflicts and protect the estate’s interests.
The executor must file final income tax returns for the deceased and may need to file estate tax returns if the estate is large enough. California does not have a state estate tax, but federal estate taxes may apply in high-value estates. Consulting a probate attorney can help ensure tax compliance and avoid penalties.
If the decedent owned property in another state, ancillary probate may be required in that jurisdiction. This means an additional probate case is opened to transfer or sell the out-of-state property. A California probate lawyer can coordinate with out-of-state counsel to help manage this process efficiently.
Yes, digital assets like online accounts, cryptocurrency, and digital photos can be included in probate. However, accessing them can be complicated without proper planning. A will or trust can specify how digital property should be handled. Executors should also be aware of privacy laws that affect access to online accounts.
If a beneficiary cannot be found, the executor must make reasonable efforts to locate them, such as public notices or professional searches. If the person still can’t be located, the court may order the funds to be held in trust or escheated to the state until the beneficiary comes forward.
You should contact a probate lawyer as soon as you learn that you may be responsible for managing a loved one’s estate. Early legal guidance can help you understand your responsibilities, avoid mistakes, and ensure that the estate is handled efficiently and in compliance with California law.